IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32983 of 2008 1.SONI PARWEEN, wife of Late Naseem and Daughter of Md. Mustafa @ Md. Mustafa Ansari 2. Md. Misbah Alam alias Misbah Alam alias Mantoon Son of Md. Mustafa @ Md. Mustafa Ansari Residents of Village Salimpur, P.S. Khanpur, District Samastipur -------Petitioners Versus THE STATE OF BIHAR -------Opp. Party ----------- 2. 16.10.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Ujiarpur P.S. Case No.4/2004 for the alleged offences registered under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that the F.I.R. is against two unknown young men. It is further submitted that there is no allegation in the F.I.R. which implicates these petitioners. As a matter of fact, petitioner no.1 is the wife of the deceased and petitioner no.2 is the brother of petitioner no.1. Learned counsel submits that after thorough investigation, the police submitted the final form stating therein the occurrence true, but, clueless. However, the learned Magistrate differs with the final form and took cognizance against these petitioners. Learned counsel further submits that in this case the informant also filed a protest petition alleging basically that the police did not investigate on its correct direction and in order to shield the real culprit has given a twist to the prosecution case by stating that petitioner no.1 had some extra-marital relation with some 2 person which might have been the cause for killing of the son of the informant. The learned counsel submits that on going through the protest petition, as contained in Annexure 2, it would appear that the informant has specifically stated that these petitioners are not involved and petitioner no.1 is a lady having a good moral character and as such, in the said protest petition petitioner no.1 has been made a witness. As regards petitioner no.2, it is submitted that on perusal of the final form, as contained in Annexure 3, it would appear that no material could be found against him as well. Considering the facts and circumstances of the case, it is directed that petitioners no.1 and 2 above named, in the event of their arrest or surrender in connection with Ujiarpur P.S. Case No.4/2004 within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Dalsingsarai, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)