IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11572 of 2010 1. SURYAMANI DEVI W/O RUMESH PD. SINGH 2. DAISY DEVI, W/O MANOJ SINGH, BOTH ARE RESIDENT OF VILLAGE SHIKHARICHAK, P.S. MOKAMA, DISTRICT PATNA.---- Petitioners. Versus STATE OF BIHAR--- Opp.Party . ----------- For the petitioners: Mr. Ajay Kumar Thakur, Advocate. For State : Mr. Chandra Sen Pd. Singh, A.P.P. ------ 2/ 28.04.2010 Heard the parties. The petitioners apprehend their arrest in connection with Mokama P.S. Case No. 117 of 2009 dated 05.07.2009, originally registered under sections 324 and 307 of the Indian Penal Code, but subsequently offence under section 302 of the I.P.C. was added vide order dated 13.07.2009. The F.I.R. vide Annexure-I has been lodged by the deceased herself and in the said F.I.R. there is specific allegation against the accused persons, including the petitioners for committing the crime in question, as a result of which informant died. Learned counsel for the petitioners submits that during the course of investigation the prosecution allegations against the petitioners were not supported by the witnesses and, therefore, on close investigation police submitted final report, vide Annexure-3, whereby some other accused persons, including the deceased, were charge-sheeted under sections 309, 306, 109, 120-B of the - 2 - Indian Penal Code but the petitioners were not charge- sheeted. It is further highlighted that the petitioners are ladies and they had no motive to participate in commission of the crime in question. Learned counsel for the State has opposed the prayer for anticipatory bail and has submitted that in fact the written report submitted by the deceased herself, which is the basis of F.I.R.( Annexure-1) can be treated as dying declaration of the deceased, where the petitioners are specifically named. Be that as it may, in view of nature of allegation against the petitioners, their prayer for anticipatory bail is rejected. The petitioners must surrender in the court below within four weeks from today and, if so advised, seek regular bail which shall be disposed of on its own merit without being prejudiced by the present order and also by taking into consideration all the materials available on record. ( Birendra Prasad Verma, J ) BTiwary/