IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35203 of 2010 1. SHEO KAILASH CHOUHAN @ SHEO KAILASH son of Late Bhikhari Chouhan. 2. Chandrakala Devi, W/o- Sheo Kailash Chouhan Both resident of village-Sawarahi, Gopalpur, P.S.-Gopalpur, District-Gopalganj Versus STATE OF BIHAR . ----------- 2 06.10.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are in custody in connection with Gopalpur P.S. Case No.42 of 2010 for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the very fact that the instant case has been instituted at the instance of the Choukidar and not by the family members of the deceased, coupled with the fact that the family members of the deceased though present at the place of occurrence did not choose to involve the petitioners in any criminal case, was sufficient indication that petitioners did not have any role to play in the death of the deceased. She further submits that the petitioners are father-in-law and mother-in-law 2 of the deceased and even in absence of any direct or indirect allegation, they have remained in custody since 4.6.2010. Taking into consideration the circumstances and the submissions of the learned counsel, let the petitioners namely, Sheo Kailash Chouhan @ Sheo Kailash and Chandrakala Devi be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Gopalpur P.S. Case No.42 of 2010. Bibhash (Jyoti Saran, J.)