IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5260 of 2009 1. SHAKUNTALA DEVI, wife of Rameshwar Mahto. 2. RUNIYA DEVI @ RUNI DEVI, wife of Late Manoj Kumar ……Petitioners Versus The State Of Bihar …….Opposite Party With Cr.Misc. No.5362 of 2009 DR.RAM PYARE SINGH, son of Late-Chandradeep Singh, resident of village-Sansa, Police Station-Daudnagar, District-Aurangabad. ……Petitioner Versus The State Of Bihar ……Opposite Party ----------- 03. 28.08.2009 In both the cases, petitioners apprehend arrest in Karpi P.S. Case No. 65 of 2007 instituted under Sections 302, 201, 34 of the Indian Penal Code. Petitioners of the first application are the mother- in-law and wife of the deceased. The informant is the brother of the deceased and states that his brother had gone to his Sasural. He received information that his brother had been killed. He reached his brother’s Sasural and made inquiry in that regard. He learnt that the mother-in-law of the deceased was having affair with a Doctor which was seriously objected to by the deceased being at Sasural. The mother-in-law, the Doctor and the wife got together and poisoned the deceased and cremated his body. - 2 - On the facts aforesaid, I would ordinarily have not considered this application but it is apparent that the occurrence took place on 12.04.2007 and the F.I.R. is being lodged on 12.05.2007 i.e. after a month. Subsequently the police after investigation has filed final report as mistake of fact but the learned Chief Judicial Magistrate has taken cognizance of offences punishable under Sections as aforesaid on 17.11.2008 and hence the apprehension. Considering the aforesaid facts, let the petitioners namely 1. Shakuntala Devi 2. Runiya Devi @ Runi Devi 3. Dr. Ram Pyare Singh, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Jehanabad in connection with Karpi P.S. Case No. 65 of 2007 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)