IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19616 of 2008 SAGUN DEVI wife of Bhupendra Ram Bhupendra Ram son of Bindeshwari Ram Both residents of village- Jakhrahi, P.S.- Supaul, District- Supaul Versus STATE OF BIHAR ----------- 4 11.11.2008 Heard learned counsels for the petitioners and the State. A supplementary affidavit has been filed on behalf of the petitioners. Petitioners are accused for the offence under sections 304B, 498A, 201, 120B of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the petitioner no.1 is the Gotni and the petitioner no.2 is the husband of the said Gotni. It is submitted that the petitioners are living separately and have nothing to do with the family of the deceased. It is further submitted that the allegations are vague with regard to the complicity of these petitioners as well as with regard to the manner of the alleged killing. It is further contended that other co-accused persons namely, Bindeshwari Ram, Surendra Ram, Ganesh Ram with the father-in-law and other relatives were prosecuted in Sessions Trial No. 61 of 2004 wherein after trial they were acquitted as per the judgment contained in Annexure-1 to the supplementary affidavit filed today on - 2 - the ground that the prosecution could not produce evidence in support of the case and the mother of the deceased also deposed that she could not say as to how her daughter died. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Sagun Devi & Bhupendra Ram be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Supaul P.S.Case No. 62 of 2002 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)