IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45425 of 2008 1. HEERA LAL ROY S/O-Jagdish Roy 2.DUKHNI DEVI W/O-Heera Lal Roy Both R/O-Vill-Missi, P.S.-Kusheshwar Asthan, Distt.-Darbhanga. ………………….Petitioners. Versus STATE OF BIHAR ----------- 2/ 10.12.2008 Learned Counsel for the petitioner is permitted to make necessary correction para-7 of the brief. Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. The petitioners are named accused of the case which has been registered under Sections 304(B)/34 of the Indian Penal Code in which the informant has alleged that his daughter Poonam Devi married with the petitioner Binod Rai younger brother of the petitioner was being subjected to torture by her in-laws later on she was killed. Submission is that the petitioner no. 2 is wife of petitioner no. 1. It was an accidental death and when the informant realized his mistake of giving wrong information then he rectified it by filing a petition before the S.D.J.M, Benipur. The police has found the case to be mistake of fact. The petitioners are not the persons who are associated with the day-to-day activities of the deceased. Let the above named petitioners be released from - 2 - custody on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Biraul at Benipur in connection with Kusheshwar Asthan P.S. Case No. 74 of 2005. kksinha/ (Shyam Kishore Sharma, J.)