IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40127 of 2009 1. RAMASHISH MOCHI, son of Rupadhari Mochi 2. Suraj Kumari Devi @ Budhani Devi @ Surya Kumari Devi, wife of Ramashish Mochi Both are residents of Piparthala, P.S. Paliganj, District Patna Versus STATE OF BIHAR ----------- 2. 24.11.2009 Heard counsel for the petitioners and the counsel for the State. The complicity of the petitioners with regard to either murder or abduction for committing offence u/ss 302/201/34 or even u/s 364 of the Indian Penal Code is based on mere suspicion of the informant who claims that her son had gone to his Sasural for Bidagari of his wife but had never returned thereafter. This Court would find that initial case of section 302 I.P.C. was not found to be there by the Investigating agency and its conclusion with regard to the offence u/s 364 I.P.C. on the basis of materials available in the case diary also are based again on suspicion alone. Be that as it may, the petitioners being the father-in-law and the mother-in- law of the deceased and having been found to have played no specific role in the alleged occurrence and have also got no criminal 2 antecedent would be entitled for grant of bail. Accordingly, the abovenamed petitioners are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur (Patna) in Paliganj P.S.Case No. 204/2008, one of which must be furnished by a close family member preferably either of parents or the wife. (Mihir Kumar Jha,J.) Surendra/