IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17628 of 2010 1. RAM KUMAR RAI @ KUMAR RAI 2. LALMUNI DEVI 3. BIJANTI DEVI 4. KABITA DEVI 5. RUNA DEVI 6. SOKIL RAI 7. JALESHWAR RAI @ JALA RAI Versus THE STATE OF BIHAR ----------- 2. 19.05.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners herein are apprehending their arrest in connection with a case arising from Derni P.S. Case No. 85 of 2009 for offence punishable under Sections 302 and 201/34 of the Indian Penal Code. The petitioners have been jointly accused of killing the sister of the informant and thereafter putting her on fire and for causing disappearance of the dead body for wiping out the evidence. The deceased Hirawati Devi is the sister of the informant. The motive set out in the F.I.R. is regarding a share in the family property. Learned counsel for the petitioners submits that the petitioners have no connection with the deceased nor are her in-laws. It is stated that the petitioners are pattidars of the in- laws family of the deceased and thus the motive attached to these petitioners for causing the death of the sister of the informant itself becomes misconceived for the reason that the 2 death of the daughter-in-law in no manner solves any issue of partition/share in the property. It is thus submitted that the petitioners have been wrongfully dragged in the present case. Having regard to the submissions aforesaid, let the petitioner nos. 2, 3, 4, 5, namely, Lalmuni Devi, Bijanti Devi, Kabita Devi and Runa Devi be released on anticipatory bail in the event of their arrest/surrender before the court below within four weeks from today, upon furnishing individual bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Derni P.S. Case No. 85 of 2009 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. The anticipatory bail applications of petitioner nos. 1, 6 and 7, namely, Ram Kumar Rai @ Kumar Rai, Sokil Rai and Jaleshwar Rai @ Jala Rai is dismissed and these petitioners, if so advised, can make their prayer for regular bail before the court below and which shall be considered and disposed of on its own merit without being prejudiced by the order of this Court. S.Sb/- (Jyoti Saran, J.)