IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 24137 of 2009 1 Mira Devi, wife of Sri Kulo Mahaldar 2 Kiran Kumari, wife of Rajesh Sahni 3 Sajjan Mahaldar, son of Sri Kulo Mahaldar, residents of Krishi Farm Mahaldartola, Police Station – Barari, District – Katihar -Petitioners Versus State of Bihar -Opposite Party ----------- 2 10.09.2009 Learned counsel for the petitioners states that one co- accused, who is the husband of petitioner No 1 and father of petitioner No 3, has already been released on bail by this Court in Cr Misc No 20567 of 2009 by order dated 18.06.2009. Their cases should also be considered on the same line. Out of the 3 petitioners, who apprehend arrest in Barari Police Station Case No 33 of 2009 instituted under Sections 302/34 of Indian Penal Code, petitioners No 1 and 2 are ladies. Petitioner No 3, as mentioned above, is the son of a co-accused. The allegation is that the petitioners assaulted the daughter of informant for a petty reason and which ultimately resulted in death of the said daughter of informant. It is submitted that it is not a case under Section 302, Indian Penal Code. At best, it would be a case under Section 304 Part II of Indian Penal Code. Be that as it may, so far as petitioners No 1 and 2 are concerned, it is directed that in event of their surrender before the Court below within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the 2 satisfaction of Chief Judicial Magistrate, Katihar in Barari Police Station Case No 33 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. So far as petitioner No 3 is concerned, he must surrender before the Court below within 4 weeks from today and on his surrender, his application for bail would be considered on its own merit without being prejudiced by orders of this Court dismissing his bail application. M.E.H./ (Navaniti Prasad Singh)