IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51437 of 2008 Durga Devi wife of Sri Jibachha Shahi , resident of Village- Bhavdepur, Police Station-Riga, District-Sitamarhi -------------------- Petitioner Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.119 of 2009 1. Jibachha Shahi , Son of Late Ram Pratap Shahi 2. Awadhesh Shahi, Son of Jibachha Shahi Both residents of Bhavdepur ,Police Station- Riga, District-Sitamarhi ------ Petitioners. Versus STATE OF BIHAR ----------- 8 14-05-2009 Heard Mr.Suraj Narayan Yadav, learned counsel for the petitioners as also Mr.Jharkhandi Upadhaya, learned A.P.P. for the State. Cr.Misc.No.51437 of 2008 preferred by petitioner Durga Devi, the mother-in-law of the deceased, and Cr.Misc.No. 119 of 2009 preferred by petitioners Jibachha Shahi and Awadhesh Shahi, respectively the father-in-law and bhaisur of the deceased Renu Devi have been taken up together as they arise out of the same Riga P.S. Case no.57 of 2008 registered under Section 498A, 302, 201/34 I.P.C. and having been heard together are being disposed by this common order. Although the case was registered under Sections 498A, 302, 201/34 I.P.C. yet the offence under Section 498A I.P.C not having been found true , chargesheet only under Sections 302 and 201/34 I.P.C. has been submitted. From the further statement of the informant as available in paragraph 4 of the case diary, it appears that it was Amresh Shahi , the - 2 - husband of the deceased , who had hit on the head of deceased with a piece of wood which resulted in her death . No post mortem appears to have been performed on the dead body of the deceased and, therefore, cause of death of Renu Devi is not available and one has to rely on the occular evidence of the witnesses examined under Section 161 Cr.P.C. The sum and substance of the evidence arising from the statements of the witnesses under Section 161 Cr.P.C. appears to be that it was because of the blow inflicted by husband Amresh Shahi that Renu Devi became unconscious and fell down on the ground . The informant in his re- statement in paragraph 4 has sought to impress on the fact that after Renu Devi fell unconscious to the ground , her mother-in-law Durga Devi attempted to strangulate her but apart from the re-statement of the informant there is no other material to show the overt act of the Durga Devi . From all the materials available in the case diary, the allegations so far as these petitioners are concerned are omnibus and general in nature and save and except the re-statement of the informant in paragraph 4 of the case diary ,no specific allegation of the commission of any overt act by any of these petitioners so as to lead to the death of the deceased has been made available. The husband of the deceased is already in custody and it is he who is alleged to have dealt a fatal blow on the head of the deceased. In the facts and circumstances of the case petitioners, namely, Durga Devi, Jibachha Shahi and Awadhesh Shahi, are directed to be released on bail on furnishing bail bond of Rs.10, 000/- each with two - 3 - sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sitamarhi in connection with Sessions Trial No.19 of 2009 arising out of Riga P.S. Case No.57 of 2008. NKS/- (Abhijit Sinha, J.)