IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41082 of 2009 1.KUMKUM DEVI wife of Rajesh Kumar 2.Rajesh Thakur son of late Brahamdeo Thakur Both residents of village Budhuchak, P.S. Gopalpur, District Bhagalpur. Versus THE STATE OF BIHAR ----------- 2 30/11/2009 Heard counsel for the petitioners and counsel for the State. The petitioners, husband and wife, are facing prosecution under sections 302/307 and other allied sections of the Indian Penal Code as also under section 27 of the Arms Act and it is said that the deceased was done to death by one Fantush Choudhary and the petitioners were only members of an unlawful assembly, out of which the petitioner no.1, wife had caught hold of the deceased facilitating to cause fire arm injury on the person of the deceased. Counsel for the petitioners would submit that not only petitioner no.1 has been framed with regard to the alleged occurrence which has taken place in her Naihar, but as a matter of fact the only role assigned to petitioner no.1 gets completely exposed from the objective findings of the doctor in the postmortem report wherein he has not found any blackening injury so as to ensure presence of petitioner no.1. He would further submit that the allegations against both the petitioners become one of member of an unlawful assembly with no specific overtact specially when they have no criminal antecedent and as such they are entitled to be released on bail. This Court, basically considering the fact that there is no 2 specific overtact against the petitioners and that petitioner no.1 could not take risk of her own life by catching hold of a person on whom fire arm injury is caused from a distance, would direct that the petitioners, namely, 1.Kumkum Devi and 2. Rajesh Thakur to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. Naugachhia in Bihpur P.S. Case No.302 of 2009, subject to the condition that one of the bailer of the petitioners must be their close family members It goes without saying that the petitioners shall remain present in course of trial and their absence on two consecutive dates shall make them liable for cancellation of their bail. Abhay Kumar (Mihir Kumar Jha, J.)