IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51281 of 2008 1. RUKMA DEVI, wife of Janaki Yadav 2. Khakhri Kumari D/o Janaki Yadav Both resident of Village- Aasauta, P.S.- Shambhuganj, District- Banka. ------- Petitioners. Versus STATE OF BIHAR ------- Opposite Party. ----------- 2 29.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioners are accused in a case under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is that the deceased was surrounded by several persons including Janaki Yadav who ordered whereas the others shot the husband of the informant. It is alleged that petitioner nos. 1 and 2 tried to catch the deceased while he was returning from his field. Learned counsel for the petitioner submits that the entire family has been made accused and it is not believable that these two petitioners were present at the place of occurrence and even if they were present would be actively participating in the occurrence. It is further submitted that petitioner no. 2 2 is 15 years of age and her participation appears to be cock and bull story. Considering that both the petitioners are ladies and the improbability of the allegations, petitioners namely Rukma Devi and Khakhri Kumari are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with Shambhuganj P.S. Case No. 48 of 2005 (G.R. No. 1261 of 2005)on furnishing bail bondsof rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)