IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18042 of 2008 MD.AFSAR KHAN Versus THE STATE OF BIHAR ----------- 2 15.05.2008 Heard learned counsel for the petitioner as also learned A.P.P. for the State. The petitioner is sought to be prosecuted under section 302 I.P.C. in connenction with Amarpur P.S. Case No. 97 of 2007 for allegedly killed his father. It is submitted on behalf of the petitioner that due to enmity with the informant who happens to be the own brother he has been falsely implicated and that the informant himself having realized the falsity had filed an affidavit in the Court below to the effect that the father had fallen on the ground from bamboo ladder and had died and as a matter of fact he had not been murdered as alleged in the F.I.R.. Be that as it may the petitioner is directed to surrender in the Court below and seek regular bail and in the event of such prayer being made the learned Court below will take into the consideration the facts of the informant himself having filed the affidavit negating the allegation he had levelled in the F.I.R. as also the fact of enmity between the informant and the petitioner. With the aforesaid observation this application is disposed of. Sanjay/- (Abhijit Sinha, J.) - 2 -