IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9490 of 2011 SHAILA DEVI, Wife of Shri Bhakati Mahto@ Bhakawati Prasad Resident of village Mustafapur, P.S- Rahui, Dist- Nalanda. Versus THE STATE OF BIHAR ----------- 2. 26.03.2011 The petitioner is the mother –in-law of the deceased and she is in custody in relation to Rahui P.S.Case No. 258 of 2010 instituted inter alia, under Sections 304B and 201/34 of the Indian Penal Code. F.I.R was lodged by one Shambhu Prasad. It is alleged that his first daughter was married to the son of the petitioner. After giving birth of two children, she died. Informant’s other daughter was then married to the son of the petitioner. She was also blessed with a child but thereafter it appears that she has been killed. but no information about her death was given to the informant. On behalf of the petitioner it is submitted that, in fact, her daughter-in-law was pregnant but due to medical complications she died before she could be brought to Patna. It is further pointed out that the informant on coming to know the truth, has filed a petition also before the Chief Judicial Magistrate not to pursue the matter. In my view, as the matter is pending before the Chief Judicial Magistrate Biharsharif, Nalanda I direct the Chief Judicial Magistrate to notice the informant and verify the correctness of the application as filed by the informant and if it is found that he had voluntarily out of will, filed the said application, the petitioner 2 shall be released on bail on furnishing bail bond of Rs. 10,000/-( Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class at Biharsharif, Nalanda in Rahui P.S.Case No. 258 of 2010, subject to the condition that petitioner would be released only once charges are framed. Namita ( Navaniti Prasad Singh , J.)