Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39181 of 2011 ====================================================== 1. Rita Devi, wife of Aklu Baitha. 2. Monu alias Sushil Rajak @ Sushil Kumar. Both are residents of Village- Katariyan, Police Station - Agiaon Bazar, District - Bhojpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Nath, Advocate For the Opposite Party/s : Mr. Hriday Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 07-02-2012 Heard the parties. The petitioners are in custody in connection with Agiaon Bazar P.S. Case No.66 of 2008 for the offences punishable under [STATUTE] . The petitioners are mother and son and the allegation is that the deceased had illicit relation with petitioner no.1 whose husband works in Punjab. Learned counsel for the petitioners submits that as per the own statement of the informant, his son was relation with petitioner no.1 and was staying with her for the last four months and also used to give her all the money that he earned. He further submits that it is highly improbable that she after committing the offence would go to inform the informant about the death of his son whose dead-body was kept in front of her house. It is submitted that the death of the son of Patna High Court Cr.Misc. No.39181 of 2011 (3) dt.07-02-2012 2 the informant was a case of suicide and who was in a drunken state. It is further stated that no external injury was found on the person of the deceased whose death has been attributed to asphyxia. Regard being had to the submission of learned counsel, let the petitioners, namely, Rita Devi and Monu alias Sushil Rajak @ Sushil Kumar be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon Bazar P.S. Case No.66 of 2008. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.