IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36681 of 2008 1. SUNITA DEVI, WIFE OF RABINDRA SINGH 2. UPENDRA SINGH, SON OF HARICHARAN SINGH 3. KISHUNDEO SINGH, SON OF BALGOBIND SINGH ALL RESIDENTS OF VILLAGE BAISAKHI TAKIYA, P.S. PACHRUKHI(SARAY), DISTRICT SIWAN--------------------PETITIONERS. Versus STATE OF BIHAR----------------------OPPOSITE PARTY. For the Petitioner : Mr. Udit Narayan Singh, Adv. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ----------- 04. 22.12.2008. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case under Section 302/34 of the Penal Code. They along with others are alleged to have assaulted the deceased with Lathi. There is no specific allegation of assault against any of those named in the First Information Report. Appreciating such fact and the fact that petitioner no.1, namely Sunita Devi being a lady and petitioner no.3, namely, Kishundeo Singh is said to be about 75 years of age are directed to be released on bail on furnishing bail bonds of Rs. 5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Pachrukhi P.S. Case No. 55 of 2008 but before releasing them the court below must assure himself that Kishundeo Singh is about 75 years of age. So far petitioner Upendra Singh is concerned, his prayer for bail is, accordingly, rejected for the present. He is, however, at liberty to renew his prayer for bail after completing one year in jail custody. Rajesh/ (V.N.Sinha,J.) - 2 -