IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33538 of 2010 1. RUNA DEVI W/o- Mahesh Prasad @ Mahesh Singh 2. Disu Kumar son of Mahesh Prasad Singh @ Mahesh Singh Both are resident of village-Aura P.S.-Tariyani, District- Sheohar Versus STATE OF BIHAR ----------- 2 06.10.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are apprehending their arrest in connection with Tariyani P.S. Case No.66 of 2010 for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to a marriage card placed at Annexure-2 submits that no case under Section 304(B) is made out against the petitioners for the reason that marriage took place almost 8 years prior to the alleged occurrence. He submits that the statement of the informant that the marriage took place in the year 2004 is not correct and which is apparent from the date of birth of the eldest daughter of the deceased which is 22.3.2004 and evidence whereof is placed at Annexure-3 of the application. He further submits that whereas the petitioner No.1 is the 2 mother-in-law, the petitioner No.2 is the younger brother-in- law of the deceased. He further submits that the allegation as set out against these petitioners is also not correct for the reason that in terms of the statement made in the F.I.R. itself the deceased was being taken to the hospital for treatment when death occurred. He thus submits that in these circumstances the petitioners’ prayer required consideration. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioners namely, Runa Devi and Disu Kumar, in the event of their arrest or their surrender within four weeks from the date of receipt/production of a copy of this order before the Court below, be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No.66 of 2010 subject to the condition stipulated in Section 438(2) of the Code of Criminal Procedure. Bibhash (Jyoti Saran, J.)