IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15140 of 2009 1. MOCHAN SINGH, SON OF LATE GAHNU SINGH 2. YASHODA DEVI, WIFE OF MOCHAN SINGH, BOTH RESIDENTS OF VILLAGE CHAK NATHAN, P.S. PAROO, DISTRICT MUZAFFARPUR Versus STATE OF BIHAR ----------- 3. 06.08.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under sections 302, 201 and 120B of the Indian Penal Code. Petitioners are husband and wife. The allegation against the petitioners is that they invited the deceased in their house and killed him and set the entire house on fire along with the deceased. The informant alleged that it was on account of some money dispute with the deceased. Learned counsel for the petitioner submits that the fact that the entire house was put on fire itself shows that the petitioners could not have burnt their own house after killing him in their Angan (courtyard). He submits that the evidence has come that the house of the petitioners was outside the village and if they had any intention to kill the deceased they would have killed him and threw the dead body anywhere instead of setting their house on fire. - 2 - Considering the above circumstances and considering the fact that the petitioners are in custody since 11.06.2008, the application is allowed. Petitioners, namely, Mochan Singh and Yashoda Devi, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court-4, Muzaffarpur in connection with S. Tr. No.217/2009 arising out of Paroo P.S. Case No.88/2008. B.T (J.N. Singh, J.)