IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11537 of 2009 1. NILAM DEVI 2. Baby Devi Versus The STATE OF BIHAR ------ 6/ 16.07.2009 Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the informant. Informant’s son allegedly murdered in his sasural. He had gone there to bring back his wife who was alleged for having some illicit relation with her naiher people. However, death was occurred there, dead body was cremated also. It is said that it was hurriedly cremated. In course of investigation, smell of kerosene oil was found at the cremation ground and evidence is also there. Petitioner no.2 is the wife of deceased’s brother, while petitioner no.1 is mother of petitioner no.2, their name appeared in the case only on protest and some of the witnesses. Reference has been made in paragraphs 28 and 29 that they were also in conspiracy of killing. Differences in between the deceased and his wife was for her(wife) having illicit relation with someone that name also not appeared but that can be common cause for family members or relations I doubt, which can play a vital role for conspiracy. Learned A.P.P. and learned counsel for the informant failed to refer the paragraph mentioning the statement of witnesses regarding their presence on the date of death. Evidence collected up till now does not justify the petitioners’ arrest. Accordingly, the prayer of the petitioners is allowed. 2 In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Sheohar P.S. Case No. 42 of 2008, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sheohar subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, if accusation of these petitioners comes during investigation, that can be well scrutinized by the Trial Court at the stage of charge to justify this order. shail (Mandhata Singh, J.)