IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20255 of 2008 1.KISHUNDEO SINGH 2.DEONATH SINGH 3.VISHWANATH SINGH VERSUS THE STATE OF BIHAR ----------- 3. 09.7.2008. Petitioners apprehend their arrest in Nayagaon P.S. case No.28 of 2007 registered under section 302, 201/34 of the Indian Penal Code and pray for grant of anticipatory bail. Mr. Mukesh Kumar Singh, appearing for the petitioners, submits that according to the prosecution itself, the deceased had gone along with petitioner no.1 and petitioner nos.2 and 3 have been implicated in the case only because they happen to be the brothers of petitioner no.1. According to the prosecution, the daughter of petitioner no.1 was married with the deceased. A case was registered against her husband, the deceased and others under Section 304B of the Indian Penal Code. According to the prosecution, petitioner no.1 had come to the village of the deceased, that is, the matrimonial village of his deceased daughter and went along with his deceased son-in-law on the pretext of striking a compromise. Later on, his dead body in the composed state was found. 2 Ms. Pushpa Sinha, Additional Public Prosecutor appears for the State In view of the nature of allegation and material available, I am not inclined to accede to the prayer of petitioner no.1 Kishundeo Singh and accordingly, his prayer for grant of anticipatory bail is rejected. Having heard leaned counsel for the party and taking in to consideration the facts and circumstances of the case, prayer of petitioner nos.2 and 3, is allowed and it is directed that in the event of their arrest/surrender within four week, they, named above, be enlarged on bail on furnishing personal bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Nayagaon P.S.Case No.28 of 2007, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. However, before releasing petitioner nos.2 and 3 on bail, the learned Magistrate shall ensure that petitioner no.1 has surrendered in the case. (C.K.Prasad) ahk