IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21323 of 2009 1. KALAWATI DEVI 2. CHANDA DEVI 3. BABITA DEVI 4. SIYA DEVI ---------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 31.7.2009 Heard learned counsel for the petitioners and the State. In the case petitioners have been alleged for abusing, the police taken away the deceased and later came back. Thereafter he was found dead. Other family members have been allegedly assaulted by co-accused persons that also of not serious nature. There is no allegation nor any evidence that in connivance or conspiracy of petitioners, the police took away the deceased either killed him in their custody or he was assaulted to death on the place of occurrence rather some of the witnesses have stated in paragraph nos. 62, 63, 64, 65, 66 and 67 of the case diary which have been mentioned in the order of learned Sessions Judge that Shyam Nandan Ram was ill from before and he was pushed by accused persons on account of such he died, that much of the allegation do not justify petitioners’ arrest at the moment. - 2 - Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub- divisional Judicial Magistrate, West, Muzaffarpur in Kathaiya P.S.Case no. 42/08 subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI