IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42564 of 2010 1. Indu Devi , wife of Sri Shashi Mohan Singh 2. Gotu Kumar Singh @ Astia Son of Sri Shashi Mohan Singh, Both residents of Village & P.O. Darha , via Malaypur, P.S. Barhat, District-Jamui ------------ Petitioners Versus THE STATE OF BIHAR ----------- 02 17-01-2011 Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and Sri Sudhir Kumar Pandey, learned Addl.Public Prosecutor. Two petitioners, who are mother-in-law and younger brother of husband of the deceased, have prayed for grant of bail in Barhat P.S. Case No.167 of 2008 for the offences under Sections 304B, 201 and 120B of the Indian Penal Code. Learned counsel for the petitioner, while pressing the bail petition, submits that despite the fact that the deceased died due to ailment, while she was being treated as Patna Medical College Hospital, a complaint petition was filed subsequently by the brother of the deceased, which was numbered as Complaint Case No.1410C of 2008 against almost all the family members of the petitioners. The said complaint was referred to the police and thereafter, the present F.I.R. was registered. However, during the investigation, the case was not found true and, as such, final report was submitted. Learned counsel for the petitioners submits that the learned Magistrate, while differing with the police report, has taken cognizance and thereafter processes were issued. Learned counsel for the petitioners further submits that petitioner no.2 along with his 2 father, namely, Shashi Mohan Singh had earlier approached this Court for anticipatory bail vide Cr.Misc.No.28761 of 2010 . In the said case, interim protection was granted to both the petitioners and his father. In the case interim protection was granted on 24.9.2010. However, petitioner no.2 was arrested on 25.9.2010. Subsequently, his father, namely, Shashi Mohan Singh was extended finally anticipatory bail on 20.12.2010. Learned counsel for the petitioner has produced certified copy of the order of the same. Let it be kept on record. Keeping in view the fact that petitioner no.2 was granted earlier interim protection as well as the fact that the police after investigation has not found the case true, there is no reason to deny the privilege of bail to both the petitioners. Both the petitioners are in custody since 25.9.2010. Let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Barahat P.S. Case No.167 of 2008. NKS/- ( Rakesh Kumar, J.)