IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39421 of 2008 1. SIKANDER MISHRA 2. DEWANTI DEVI For the petitioners:Mr.Anil Kumar Mishra For the State :Mr.Upendra Kumar,APP Versus STATE OF BIHAR ----------- 4. 22.12.2008 The two petitioners (husband and wife) have approached this Court for bail in a case instituted under sections 302 and 307 IPC and other allied sections of the IPC . The submission before this Court is that admittedly the informant is the nephew of petitioner no.1. It is further submitted that in the FIR it has been disclosed that a dispute arose over passage within the house of the petitioner and the informant’s side. It has been alleged that in course of scuffle the petitioners pushed the informant on the ground and started assault. It is further alleged that when 72 year-old mother of the informant tried to intervene, all the accused persons pushed her, as a result whereof she fell down and became unconscious. Counsel for the petitioners submits that about 8-9 days thereafter the old lady died and, as such, section 302 IPC was added. Referring to various statements in the case diary, he further submits that the lady was ailing and she was suffering from paralytic attack. Referring to the post mortem report, it has been submitted that no external/ internal injures have been found by the doctor. The petitioners are said to be in custody since 5.7.2008. - 2 - Having regard to the text and texture of the allegations levelled in the FIR and post mortem report, this Court is persuaded to admit both the petitioners to bail. Accordingly, the petitioners abovenamed, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each, with two sureties of the like amount each to the satisfaction of CJM, Rohtas in Nasriganj (Kochhawa) p.s.case no.148/07 on the condition that one of the bailors should be their own/close family members. hr ( Kishore K. Mandal )