IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41749 of 2009 KANHAIYA SINGH @ KANHAIYA PRASAD SINGH,s/o Birendra Prasad Singh,resident of village- Backchappar,P.S.-Shahkund,District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 02/ 10-12-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that initially the case was lodged for the offence under Section 304B of the Penal Code alleging in-laws for demand, torture for its non-fulfilment and killing even. In course of investigation petitioner’s name appeared as having sweet relation with the deceased that can be taken as illicit relation or extra marital relation but killing was not at petitioner’s hand. The case was found of a suicide. In that also petitioner’s role never can be of an abettor if the restriction of society was not allowing the deceased to remain or have relation with the petitioner. In the suggested and discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Shahkund P.S.Case No.109/2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )