IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40320 of 2008 LILA DEVI ….. PETITIONER Versus THE STATE OF BIHAR ….. OPP. PARTY With Cr.Misc. No.26209 of 2008 AJAY RAI ….. PETITIONER Versus THE STATE OF BIHAR ….. OPP. PARTY For the petitioners : - Sri Krishna Kumar Singh, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 2. 21.10.2008 Heard Sri Krishna Kumar Singh, Advocate for both the petitioners and Sri D. Mehta, Additional Public Prosecutor for the State. The two petitions arise out of the Nayagaon P.S. Case No. 49 of 2007 and they have been heard together and are being disposed of by this common order. Petitioner Lila Devi has renewed her prayer on account of having obtained an order of rejection in Cr. Misc. No. 2013 of 2008 from an another Bench of the court. So far as the petitioner Ajay Rai is concerned, he is the husband of the deceased. There is no dispute in some of the facts that the lady was married to petitioner Ajay Rai about two and half years ago on the date of the occurrence. She was residing in her sasural. It is also not disputed that the dead body of the deceased Kamal Devi was found - 2 - floating in river water and that was fished out and was found in a highly decomposed state, so much so that the lower part of the upper and lower limbs were missing. The doctor could not find any external injury. However, the I.O. has recorded in description of the place of occurrence that he could trace out some blood stains on a particular corner of the house of the petitioner and further he found the ground surface of the room in which the deceased was residing a bit sunken and on these findings he could gather an inference that it could a case of strangulation. As indicated above on account of the dead body being highly decomposed the doctor could not reach to any conclusion and recorded that no external injury was found. This court in its order in the case of Lila Devi appears recording the fact that the dead body was found from a neighbouring village, but it has not been recorded that it was found floating in the river Ganga and that river flows probably from a place near the village of the petitioners as well. The further record of the fact is that the petitioner was living separately from the husband and the deceased on a separate place, but case diary does not - 3 - indicate anything like that. However, after going through the objective finding of the I.O. and the statement of the witnesses, it is very difficult to say as to what could be the reality behind the death of Kamal Devi and considering that, prayer for bail of petitioner Ajay Rai is hereby dismissed. As regards the prayer for bail of petitioner Lila Devi, this court has earlier dismissed her prayer for the present and considering that the petitioner is a lady and remained in custody, let petitioner Lila Devi be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Nayagaon P.S. Case No. 49 of 2007. DKS/ (Dharnidhar Jha, J)