IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.757 of 2011 1. SHIV SHANKER CHOUHAN 2. GOURI SHANKER CHOUHAN Versus THE STATE OF BIHAR ----------- 04 16.05.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Admittedly, petitioner no. 1 is husband whereas petitioner no. 2 is Bhaisur of the deceased. It appears from perusal of the impugned order as well as case diary that after one year of filing of Sanha by the informant, the present case was lodged and in course of investigation, one tempo driver stated before the police officials that he had carried the dead body of the deceased and at that time petitioners were also present. It further appears that the petitioners made their extra judicial confessions and in the aforesaid confessions, petitioner no. 1 has specifically stated that he committed the murder of his wife by pressing her neck. Even if, the above stated extra judicial confessional statements assumed to be true, then also, the allegation of committing murder is against petitioner no. 1 and so far as petitioner no. 2 is concerned, it is only stated that he participated in disposing of the dead body of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioner no. 2, namely, Gouri Shanker Chouhan be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, 2 Khagaria in connection with Bihpur Rail P.S. Case No. 07 of 2010. So far as prayer for bail of petitioner no. 1 is concerned, the same stands rejected. Shahzad (Hemant Kumar Srivastava, J )