IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37529 of 2008 LALMUNI DEVI @ LALMANI DEVI Versus STATE OF BIHAR ----------- 3. 8.12.2008 Heard Sri Md. Shahnawaz Ali, Advocate for the petitioner and the learned A.P.P. for the State. The case has been registered under Section 302 etc IPC and the petitioner is named in the FIR along with other accused persons. The FIR contains some element of suspicion against the petitioner of killing the deceased. The case diary reveals that the deceased was a man of bad habits, as he used to take wine and other such material and as such was maintaining a very ill- health. The deceased had some quarrel off and on with the petitioner but after being referred to most parts of the case diary the learned A.P.P. could not isolate a single act which could be assigned to the petitioner or any of the accused persons for being responsible for causing the death of the deceased. It is true that a ligature mark was found around the neck but again there is absolutely no material as to who could be the person doing it. The contention was that the dead body - 2 - was lifted from the pyre so as to taking it to the doctor it was tied by ropes and lifted thereby and as such there could be many such ligature like signs, considering which, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Samastipur in Kalyanpur P.S.Case No.86 of 2005. B.Kr. ( Dharnidhar Jha, J. )