IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19999 of 2009 1. SAHIBA KHATOON, WIFE OF SK. ISHLAM ALI 2. NOOR BEGAM, WIFE OF SK. ANWAR ALI 3. SK. QURAISHI, SON OF SK. RAHIM] ALL RESIDENT OF VILLAGE BASWARIA, P.S. CHAUTARWA, DISTRICT WEST CHAMPARAN (BETTIAH) ------ PETITIONERS Versus THE STATE OF BIHAR ------ OPPOSITE PARTY with Cr.Misc. No.19790 of 2009 SK.ANWAR ALI, SON OF LATE SK. ISLAM, RESIDENT OF VILLAGE BASWARIA, P.S. CHAUTARWA, DISTRICT WEST CHAMPARAN. ------ PETITIONER Versus THE STATE OF BIHAR ------ OPPOSITE PARTY ----------- 5 17.3.2010 Petitioners in these cases are accused in a case under Sections 302 and 201/34 of the Indian Penal Code. Sk. Anwar Ali who is the husband of the deceased lady is in jail custody. The other petitioners (Cr. Misc. No. 19999 of 2009) i.e. the mother-in-law, the first wife of Sk. Anwar Ali and one other are not in custody and are seeking anticipatory bail. The allegation is that the deceased who was married nine years prior to the occurrence to the petitioner Sk. Anwar Ali had earlier filed a case under Section 498A which was compromised and she began to live with her husband after the compromise. It is said that she died suddenly and was buried. Thereafter this case was instituted in which the petitioners are seeking bail. On perusal of the case diary, it appears that all the independent witnesses of the village have stated that the lady died due to snake bite. Apart from the informant who suspects the hand of the petitioners in the death of Shabnam Ara @ Gudiya, there are no other witnesses to support the factum of death. The post mortem report does not indicate any injury whatsoever. The viscera and other parts of the stomach were preserved and sent to the Forensic Laboratory for examination. This Court has called for a report from the Forensic Laboratory which has come under sealed cover to this Court. The Forensic report does not indicate any signs of poison etc. In the circumstances, petitioner Sk. Anwar Ali (Cr. Misc. No. 19790 of 2009) is directed to be released on bail in connection with Chautarwa P.S. Case No. 02 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha (West Champaran) likewise petitioners namely Sahiba Khatoon, Noor Begam and Sk. Quraishi (Cr. Misc. No. 19999 of 2009) 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 Chautarwa P.S. Case No. 02 of 2009 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha subject to the conditions laid down under Section 438(2) of the Cr.P.C. The report from the Forensic Laboratory should be sent to the Court of the Additional Chief Judicial Magistrate, Bagaha in Chautarwa P.S. Case No. 02 of 2009 so that it can be attached with the records. Sanjay ( Sheema Ali Khan, j.)