IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51438 of 2008 1.AJAY KUMAR SINGH, Son of late Shiv Shankar Pd. Singh 2.NUTAN SINGH, wife of Ajay Kumar Singh, 3.SUNITA SINGH, wife of Sanjay Kr. Singh. All resident of village-Banuchhapar, P.S. Bettiah Mufasil, District-West Champaran Versus STATE OF BIHAR ----------- 2. 23.1.2009 Heard Sri Vinay Kirti Singh, Advocate for the petitioners and the learned A.P.P. for the State. The informant is the younger brother of Ajay Kumar Singh, petitioner no.1. Out of the remaining two petitioners Sunita Singh is the wife of Sanjay Kumar Singh and Nutan Singh, petitioner no.2 is the wife of Ajay Kumar Singh, petitioner no.1 The allegation is that they assaulted the father of the informant and petitioner Ajay Kumar Singh with assaulted him with fists and slaps for some property dispute. The 75 years old person was taken to a hospital where he was declared dead. Copy of the postmortem report has been produced before me during the course of argument and it is indicated that one abrasion size ¼” x ¼” on lower part of upper lip. A few bruises from ½”x1/4” to ¼” x ¼”were present on the right chick and upper part of chest. The doctor did - 2 - not find as to what could the cause of death as the injuries were not reported to the death. As such, the viscera were preserved and the opinion was recovered to be given finally on receipt of the report. The contention is that there was a dispute between the brothers for partition of the joint family property as also sharing the pension amount the deceased was receiving on account of being earlier employed in the services as a Subedar. It is further contended that might be that some accused could have dealt blows with fists and slaps but they may not come out in a case under Section 302 IPC in the light of the finding of the doctor. Regard being had to the facts and circumstances and the contentions, let the above named three petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in Bettiah(Muffasil) P.S.Case No.216 of 2008. B.Kr. ( Dharnidhar Jha, J. )