IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30045 of 2008 --------- 1.Basanti Devi @ Mostt.Basanti Kuer wife of Late Ram Nath Pandey 2.Chandan Pandey, son of Late Ram Nath Pandey. Both residents of village- Nagopur, P.S. Ara Mufassil in the district of Bhojpur. …….Petitioners Versus The State of Bihar ……. Opp.Party ----------- 3. 01/10/2008 Heard learned counsel for the petitioners and learned counsel for the State. Case is under sections 302, 201 and 34 of the Indian Penal Code. As per the case of the informant, the victim lady was burnt to death by members of her matrimonial family. Case diary was called for in the case and learned counsel for the State after perusing the same, states that a number of witnesses have testified that the victim lady had caught fire and at that point of time, except for grand mother-in-law, all other inmates of the house had gone out of village for different purposes. The grand mother-in-law raised alarm on which villagers assembled and they tried to extinguish the fire. The grand mother-in-law requested the villagers to take the deceased to hospital for treatment but they declined. When her husband - 2 - arrived in the evening, he took her to hospital for treatment but she succumbed to burn injury. It is also stated that the family members of the deceased had also participated in the cremation. Thereafter, they have instituted the case. It is submitted by learned counsel for the petitioners that in view of the evidence collected during investigation, as pointed out by learned counsel for the state, it appears to be a case of accident. Petitioner no.1 is mother-in-law and petitioner no.2 is younger brother of the husband of the deceased. Evidence has come during investigation that they were not in the village on the fateful day. Petitioners are in custody since 23rd May, 2008. In the facts and circumstances of the case, this application is allowed. Let both the petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in Ara Mufassil P.S.Case No.13 of 2005. Pradeep/ (J. N. Singh, J.)