IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43826 of 2009 HIRA RAM, R/o Padarath Ram, Resident of Village – Ram Tola Balu Par, P.S. & District – Lakhisarai ………… Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- 4/ 13.05.2010 Heard learned counsel for the petitioner and learned counsel the State. Submission of the learned counsel for the petitioner is that no doubt informant’s brother was killed but for that an F.I.R. was lodged by Uttam Devi that deceased entered her house to have illicit relation with her daughter who made alarm upon which villagers and nearby people gathered and brutally assaulted him resulting into his death. Final form was submitted fixing no liability upon anyone. After three days of filing of that case this complaint case is lodged making different allegation that also is send to the same police station but strange enough that remained pending and grievance of the villagers including this petitioner is same that deceased was in illicit relation with daughter of Uttam Devi for that only deceased was called by this petitioner and thereafter was killed which in no way justify refusal of anticipatory bail to this petitioner who happens to be ‘Mukhiya’ of the village. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt / production of a copy of this order in connection with Lakhisarai P.S. Case No. 317 of 2009 above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under Section 438(2) of Cr.P.C. Praful ( Mandhata Singh , J.)