IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32010 of 2009 1. RUBI DEVI wife of Late Birendra Chaudhary, resident of village- Marsua, P. S. Nalanda, District Nalanda at present Mohalla- Horilganj, P. S. Jehanabad, District Jehanabad. 2. Girja Choudhary son of late Dukhan Choudhary, resident of Mohalla- Horilganj, P. S. Jehanabad, District Jehanabad …. Petitioners. Versus STATE OF BIHAR ----------- 4. 17.11.2009. Heard counsel for the petitioners, counsel for the State as also counsel appearing on behalf of father of the deceased. The petitioners are facing prosecution for offence under Sections 302, 201/34 of the Indian Penal Code. Though it is a complaint case filed by petitioner no. 1 which led to institution of a police case under the orders of Magistrate under Section 156(3) of the Cr.P.C. but in course of investigation the materials have come to show that it was the petitioner no. 1 along with his father and other family members who had done the deceased, the husband of the petitioner no. 1 and the son-in-law of petitioner no. 2 to death. Counsel for the petitioners would submit that the police had really gone into collusion with the family of the deceased inasmuch as when the case regarding death of husband of - 2 - the petitioner no. 1 under suspicious circumstances was reported by the petitioner no. 1 herself alleging such murder of her husband by their family members including his parents the conclusion arrived at by the police to the contrary it was the petitioners and their family members who were behind the murder of the deceased to say the least was/is absurd. It is said that all the witnesses are of the village of deceased-husband and in fact close associates and henchmen of the family members of the deceased. Counsel appearing on behalf of father of the deceased would submit that there is no dispute that the date of death of deceased is 1st November 2008 and that earlier version of the same occurrence was given by the father of the deceased by filing a complaint on 6.11.2008 wherein the allegation of his son being severely assaulted in his sasural, in the house of the petitioners by all of them was already reported and even then the mother of the petitioner no. 1 and the wife of petitioner no. 2 Rajmani Devi on 12.11.2008, who is mother-in- law of the deceased had filed an informatory - 3 - petition, wherein it was stated that the deceased had died on account of electric shock and it was apprehended that the family members of the deceased namely father or any one could file a false criminal case implicating the petitioners. It is only after this informatory petition was rejected by order dated 12.11.2008, the present complaint by the petitioner no. 1 was filed on 18.11.2008 alleging the death of the deceased in the hands of his own family members and that too for family properties. It thus becomes clear that petitioner no. 1 as also her mother were trying to develop different types of story after the death of the deceased and while true version is still awaiting its being discovered in trial this much can definitely be said that petitioner no. 1 had filed a wholly belated case on 18.11.2008 primarily by way of their defence as a counter blast to the pending complaint case dated 6.11.2008 vide Annexure-2 filed by the father of the deceased. In such circumstances, if the materials have come in course of investigation that - 4 - petitioner no. 1 herself with her family members were instrumental in causing death of her husband this court also taking into account that the petitioners have remained in custody only for a period of four months for the time being is not inclined to direct for releasing the petitioners on bail at this stage. However, the petitioners may renew his prayer for bail after completing one year of their judicial custody if trial against them is not concluded in the meantime. The trial court is also directed to ensure the trial of the petitioners is expedited and concluded in the next eight months from the date of receipt/production of a copy of this order. With the aforementioned observations/directions, this application is dismissed. kanchan (Mihir Kumar Jha, J.)