IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39704 of 2010 1. Nand Lal Sahani , Son of Mangal Sahani 2. Munna Devi @ Munni Devi, Wife of Nand Lal Sahani Residents of Village- Jaisinghpur Chiutanhi, P.S. Turkaulia, District-East Champaran ------------ Petitioners Versus THE STATE OF BIHAR ----------- 02 10-12-2010 Heard Sri M.N.Parbat, learned counsel for the petitioners and Sri Mangal Pandit, learned Addl. Public Prosecutor for the State. Two petitioners, who are in custody in Turkaulia P.S. Case No.211 of 2010 registered for the offence under Sections 302/34 of the Indian Penal Code, have prayed for grant of bail. It was alleged in the F.I.R. that the informant telephonically received information that his wife was killed by the petitioners and other accused persons and her dead body was thrown on the road. Thereafter, he arrived and carried his wife to the hospital and in the night she died Learned counsel for the petitioner, while pressing the bail petition, submits that prior to the filing of the present case, on the basis of written report submitted by petitioner no.1, an F.I.R. was lodged against the informant of the present case as well as his wife, who is deceased in the present case, and others on an allegation that she abducted the petitioner no.2 for sale. Learned counsel for the petitioner has placed Annexure-2 i.e. an F.I.R. of Turkaulia P.S. Case No.237 of 2009 as well as Annexure-3, which is a copy of the statement of petitioner no.2 recorded under Section 164 of the Code of Criminal Procedure. It was further submitted that only one injury 2 on occipital region of the deceased was found and before her death she was found on the road. It was submitted that it may be a case of accidental death and thereafter keeping in view the fact that earlier the informant and his wife were made accused by petitioner no.1 in revenge the present case was lodged. Accordingly, it has been prayed to grant bail to the petitioners. Sri Mangal Pandit learned Addl. Public Prosecution appearing on behalf of the State has prayed for summoning the case diary. After going through the materials available on the record, the Court is satisfied that there is no need to summon the case diary. The petitioners have brought a certified copy of the F.I.R. of Turkaulia P.s. Case No.237 of 2009 as well as photo copy of the statement of petitioner no.2 recorded under Section 164 of the Code of Criminal Procedure, in which she had categorically stated how she was abducted by the informant, his wife and others and thereafter she was sold to unknown persons at Lucknown. The dead body of the wife of the informant was found on the road side, which is evident from the F.I.R. Considering the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate East Champaran at Motihari in connection with Turkaulia P.S. Case No.211 of 2010. NKS/- ( Rakesh Kumar, J.)