Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37993 of 2011 ====================================================== Lilawati Kuer, W/o Late Sudama Singh, R/o Village- Narbirpur, P.S.- Chandi, District- Bhojpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.43308 of 2011 ====================================================== Manju Devi, W/o Suresh Singh, resident of Village-Nazbirpur, P.S. Chandi, district- Bhojpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.37993 of 2011) For the Petitioner/s : Mr. Aditya Narayan Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP (In Cr.Misc. No.43308 of 2011) For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 16-02-2012 Heard Mr. Baxi S.R.P. Sinha and Mr. Adidya Narayan Singh, learned counsel appearing for the petitioners and the learned Additional Public Prosecutors appearing for the State. The petitioners are in custody in connection with Chandi P.S. Case No.31 of 2011 for the offences punishable under [STATUTE] . Learned counsel for the petitioners with reference to the FIR submits that the allegations are directed against their respective sons, namely, Sanjay Singh, who is son of Petitioner Manju Devi and Rohit Singh, who is son of petitioner Lilawati Kuer. The allegations in the FIR Patna High Court Cr.Misc. No.37993 of 2011 (3) dt.16-02-2012 2 charges the sons of the petitioners of enticing the daughter of the informant on 10.5.2011 by offering eatables when the daughter of the informant Jiya Bharti went to take bath at about 2.00PM and thereafter she never returned. It is alleged that when the informant was searching her daughter he was told by Sanjay Yadav, whose statement has been recorded in paragraph 9 of the case diary that he saw the two accused, namely, Sanjay Singh and Rohit Singh of enticing the girl by giving Khira and Kakari and thereafter she followed them. The dead body of the victim aged seven years was recovered having signs of rape and whereafter the girl was murdered. Learned counsel for the petitioners submits that the only connection of these petitioners is that they happen to be the mothers of the two accused, otherwise there is no material on record to connect these petitioners with the alleged occurrence. Regard being had to the submission of learned counsel and having considered the materials on record, let the petitioners, namely, Lilawati Kuer and Manju Devi 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 Chandi P.S. Case No.31 of 2011. 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.