IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33762 of 2010 1.Umashankar Chaudhary S/O Ramrekha Chaudhary 2.Ratan Sagar Devi W/O Umashankar Chaudhary Both R/O village Singvahini, P.S. Sonbarsa, District- Sitamarhi ……… Petitioners Versus State Of Bihar ………. Opp.Party ----------- 3. 21/12/2010 Heard learned counsel for the petitioners and learned counsel for the State. Case is under sections 147, 149, 302, 201, 120 of the Indian Penal Code. Petitioners are father-in-law and mother-in- law of the deceased lady. It is alleged in the complaint filed by the mother of the deceased that after the death of her son-in- law, the family members used to torture her daughter and ultimately killed her by strangulation. Complaint was filed on 17.4.2010 which was sent to the concerned police station under section 156(3) of the Code of Criminal Procedure for investigation. Learned counsel for the petitioners submits that the death of the deceased was on 26.2.2010 and she had committed suicide as after she became widow, she had become mentally disturbed. After her death, her parental family was informed and they came 2 and participated in the Shradh ceremony. After Shradh ceremony on 10.3.2010, all the ornaments and belongings of the deceased were handed over to them. Thereafter on 17.3.2010 a panchayati was held in which petitioners agreed to part with the share of the property to which the deceased was legally entitled in her favour and undertook to look after the upbringing of the children. These documents are annexed as Annexure-4 series with the supplementary affidavit. It is submitted that after this all happened, the complainant changed her mind and at the instigation of her family members and co-villagers, filed this false case against petitioners and others. From the order of the learned court below, it does not appear that these documents were produced before the court below at the time when the application under section 438 Cr.P.C. was considered. Therefore, this application is disposed of with a direction to the petitioners to produce originals of said documents dated 10.3.2010 and 17.3.2010 before the learned court below for consideration. The learned 3 court below shall issue notice to the complainant and other family members of the parental family of the deceased, who were signatory on these two documents. After appearance of the parties, if the court below is satisfied with the authenticity of these two documents, it shall release both the petitioners on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Sonbarsa P.S.Case No.43 of 2010, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. During the pendency of the matter, the court below may consider granting interim relief to the petitioners. Pradeep/ ( J. N. Singh,J.)