IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11655 of 2009 DHRUB SINGH @ DHRUB KUMAR SINGH Versus THE STATE OF BIHAR ----------- 03 14.09.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. The wife of the informant was found hanging in the room while he was away. He lodged a case three days, thereafter naming two persons (not the petitioner). Subsequently, few days thereafter he lodged a protest petition, in which he has not named the present petitioner. It is submitted that, in course of investigation, some material has come on record, that indicates that this petitioner participated in disposal of the dead body. It is stated that the F.I.R. itself discloses that informant was present when the dead body was being disposed of. It is contended that co-accuseds Bhuttu Singh and Lukhan Chaudhary having similar allegation respecting surreptitious disposal of the dead body, have been privileged with anticipatory bail. The said order dated 23.12.2008 is Annexure-3. Learned A.P.P. on perusal of the case diary, submits that there is material on record, which 2 definitely indicate the complicity of the petitioner at least, in disposal of the dead body. Be that as it may, since some of the accused with identical allegations have been privileged with anticipatory bail, this Court is also persuaded to extend the present petitioner same privilege. In the facts and circumstances of the case, petitioner above named, in the event of arrest or surrender in the court below within four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 157 of 2007, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Subject to another condition that one of the bailors should be the own/ close family member of the petitioner. It is made clear that no sooner the charges are framed in the case, the petitioner shall appear on each date fixed at the trial. In case, of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J.)