IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2477 of 2009 1. MARNI DEVI @ BODHANI DEVI 2. KARI DEVI Petitioners Versus STATE OF BIHAR ----------- 2 18.3.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that though the strained relation has been shown in between the wife and the husband but the deceased husband went to the house of the petitioners to bring back his wife. The FIR was lodged for consuming poison due to assault caused by all the family members but without any basis that has been converted into section 302 IPC and after all a single injury has been found on the head, bladder containing 100 ml wine for which further submission of learned counsel for the petitioners is that the deceased was drunkard, used to beat his wife and that continued to his sasural also and there is every possibility of his falling after taking wine otherwise a single injury is not possible if all the family members were involved in beating or causing assault to the deceased and really if that was from family members of the petitioners then there is lacking about its author basing which petitioners’ custody for any more is not justified. I agree with the submission. In the facts of the case, let the above named two petitioners be released on bail on furnishing bail bond of - 2 - Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. II, Samastipur in Dalsingsarai P.S. case no. 324/07. (Mandhata Singh,J.) AI