IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26572 of 2009 1. KUNTI DEVI 2. LAKHAN SAO Versus STATE OF BIHAR ----------- 3 12.08.2009 Heard both sides. Petitioners are renewing their prayer for grant of bail in a case instituted under Section 304B, 120B/34 of Indian Penal Code. Petitioners are mother-in-law and father-in-law respectively of the deceased. Order dated 7.5.2008 (Annexure-1) discloses that earlier their prayer for bail was/were considered and rejected under the following manner: “learned counsel for the petitioners submits that there are other evidence on record in the shape of further statement of the informant (recorded at para 6), one Shanti Devi (recorded at para 8) and the father of the deceased (recorded at para 18) which indicate that owing to certain dispute relating to preparation of food there was exchange of hot words between the deceased and the mother-in-law and owing to that she committed suicide by burning herself. The petitioners are in custody since 20.7.2007. Having considered the submissions made by the parties and after going through the record particularly the statement made by the maternal uncle of the deceased, this court, for the present, is not inclined to admit the petitioners to bail and accordingly their petition for bail stands rejected.” By order dated 25.7.2009, status report was called for from the court below which has been sent to and received in this court and is placed at Flag-A. Status report indicates that charges were framed on 5.1.2008. Out of eight (08) witnesses cited in the charge-sheet, only one witness has so far been examined. It 2 appears that bailable warrant, non-bailable warrant, letters and reminders have been issued successively but no further witnesses have stand up. Learned counsel submits that the petitioners are in custody since 20.7.2007. In the facts and circumstances of the case, let petitioners above named 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 learned 3rd Addl. Sessions Judge, Aurangabad in connection with Sessions Trial No. 472/07/409/09 (arising out of Kutumba P.S. case no. 34 of 2007) subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioners. (ii) The petitioners shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioners shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )