IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc.No. 40234 of 2008 1.DUKHAN DAS SON OF LATE BALI DAS 2.ANIRUDH DAS SON OF DUKHAN DAS BOTH RESIDENT OF VILLAGE HATHNIMA,P.S.PANJWARA(BANKA), DISTRICT BANKA Versus THE STATE OF BIHAR ----------- 3/ 16.1.2009 Heard learned counsel for the parties The petitioners apprehend their arrest in a case which has been registered for offences under Sections 302 and 120(B) of the Indian Penal Code, The petitioners are named accused. The informant is the husband of prime accused Nibu Devi who is already in jail custody. The deceased is the daughter of the informant and prime accused. Allegation is that informant’s daughter Binita kumari had gone to the house of the petitioners for taking water. It was suspected that she has taken Rs.10,000/- and a mobile and when her mother knew about that, then she cut the neck of her daughter Binita Kumari. Submission is that no overt act is attributed against the petitioners and entire allegation is against the mother of the deceased who is already in custody. Considering the facts and circumstances of the case, this application is allowed and the above named petitioners are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the - 2 - satisfaction of Chief Judicial Magistrate, Banka in Panjwara (Banka) P.S.Case No. 332 of 2008 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- (Shyam Kishore Sharma,J.)