IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42473 of 2010 1. Kanti Devi wife of Yogendra Chaudhary 2. Ravindra Chaudhary, son of Yogendra Chaudhary, both resident of village Raily Bazar, Ram Nagar, P.S. Ram Nagar, Dist. – West Champaran Versus THE STATE OF BIHAR ----------- 02/ 26.03.2011 Heard learned counsel for the petitioners and the State. Petitioner no.1 is the mother-in-law and petitioner no.2 is the younger brother-in-law of the deceased. They are apprehending their arrest in connection with a case registered for the offence under Sections 304(B)/201/34 of the Indian Penal Code, which is said to have been lodged after 20 days of the disappearance of the deceased from her matrimonial house. It is submitted on behalf of the petitioners that the present case has been registered on the basis of the recovery of a dead body which is of a woman of 35 years of age whereas the victim is of 21 years of age and the recovered dead body was such that it was difficult for anyone to identify the body as the head was chopped to the extent of 95%. Such finding appears from the post-mortem report, which is incorporated in paragraph 17 of the case diary. 2 Learned counsel for the petitioners, with reference to the aforesaid finding recorded in the post-mortem report and the observation of the Superintendent of Police, who supervised the occurrence, submitted that the recovered dead body was not of the victim and further that the victim is alive as she disappeared with her paramour Sukat Chaudhary. Let the petitioners above named surrender in the court below within four weeks from the date of receipt of a copy of this order in the court below whereafter court below should confirm the aforesaid statement from paragraphs 17 and 29 of the case diary, which incorporates the post- mortem report and the supervision note of the Superintendent of Police and if the submissions are correct, petitioners be admitted to the privilege of bail on furnishing bail bonds of ` 5,000/- (` five thousand only) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 166 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Arjun/ ( V. N. Sinha, J.)