IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9221 of 2010 DOMI RAI @ YOGI RAI & ANR Versus THE STATE OF BIHAR ----------- 03. 19.05.2010 Heard learned counsel for the petitioners and the State. Petitioners are languishing in jail in connection with a police case registered under Section 302/34 of the I.P.C. It has specifically been alleged against petitioner No. 1 that he assaulted the victim by small piece of lathi on the head as a result of which the victim died. It is submitted by learned counsel for the petitioners that the assault was not intentional, moreover the weapon used is very conventional, hence petitioner No. 1 deserves sympathetic consideration. In view of the fact that there is direct allegation of assault on the head of the deceased against petitioner No. 1 namely Domi Rai @ Yogi Rai, I am not inclined to grant bail to petitioner No. 1. The application for grant of bail of petitioner No. 1 is rejected. It is submitted by counsel for the petitioners that petitioner No. 2 is alleged to have assaulted the victim after the victim died. Since main allegation is against petitioner No. 1, petitioner No. 2 is a lady and languishing in jail since 07.08.2009, let petitioner No. 2 namely Tatri Devi be 2 enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) to the satisfaction of Sub-Divisional Judicial Magistrate(West), Muzaffarpur with two sureties of the like amount each in connection with Karja P.S. Case No. 82 of 2009. Shageer (Dinesh Kumar Singh, J.)