IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23311 of 2009 1. BHARAT RAI 2. Kabutari Devi Versus The STATE OF BIHAR ----- 3/ 13.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner no.2 is alleged for instigating petitioner no.1 to cause assault. Complying thereof petitioner no.1 assaulted the deceased resulting into his death. Thereafter, dead body was disposed of while the informant was unconscious due to shock of her husband’s death. A set of witnesses have appeared to state that deceased consumed poison and the reason for the same was that informant was not giving birth of a child even after three years of her marriage but one of the prosecution witnesses in para-4 clearly states about assault and I think, when incident took place at the house of informant and deceased, there is no probability of remaining present of several villagers. So, a single witness of the incident is sufficient to involve the petitioners but one thing is clear that petitioner no.1 is really assailant. Considering the facts and circumstances of the case, the prayer of the petitioner no.2 is allowed and at the same time, the prayer of the petitioner no.1 is rejected. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Baniyapur P.S. Case No. 155 of 2008, above named petitioner no.2 shall be released on bail on furnishing bail bond of 2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)