IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40215 of 2009 1. Anita Devi, W/o Tinkoo Ram. 2. Rinku Devi, W/o Pukari Ram. 3. Sita Devi, W/o Lalak Ram. All resident of Village Sheopur, P.S. Nawanagar, District Buxar. --------- Petitioners Versus The State of Bihar ------- Opp. Party ----------- 2 26.11.2009 Heard Mrs. Soni Shrivastava, learned counsel for the petitioner and counsel for the State. Considering the nature of allegation for an offence under Section 302/34 of the Indian Penal Code, this Court could have straightway rejected the prayer for bail of the petitioners even if they are ladies, if there was any corresponding injury found on the person of the deceased as alleged by her ten years old daughter. Mrs. Soni Shrivastava, learned counsel for the petitioner is quite correct in submitting that if all the three petitioners had mercilessly assaulted the deceased with lathi as also could have throttled her by neck, there could have been at least even one injury to substantiate this part of allegation in the postmortem report but, the absence 2 thereof would only go to show that the deceased had died in some other manner. This Court for the purposes of bail would accept such submission of the counsel for the petitioner also because there are traces to show that the deceased had some illicit connection and if that could be the reason, she could not have been done to death by the petitioners but by the husband or someone else, inasmuch as, one of them is daughter-in-law and two of them are Gotnis (sister-in-law). That being so, this Court would direct for release of all the petitioners, namely, Anita Devi, Rinku Devi and Sita Devi respectively on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No. 56 of 2009, subject to the condition that one of the bailors would be a close family relatives of the petitioners. It goes without saying that the petitioners must remain present in course of 3 trial and their absence even on two consecutive dates in course of such trial shall make them liable for cancellation of the present bail. Rsh (Mihir Kumar Jha, J.)