IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2683 of 2009 1. PANO DEVI, WIFE OF MAHO LAL TURI, 2. DINESH TURI 3. DINANATH TURI, BOTH SONS OF MAHO LAL TURI, ALL RESIDENTS OF VILLAGE KANHAIYAGANJ, POLICE STATION EKANGARSARAI (PIRBIGHA), DISTT. NALANDA, BIHAR SHARIF …….. PETITIONERS. Versus THE STATE OF BIHAR ……. OPPOSITE PARTY WITH Cr.Misc. No.20268 of 2009 SHIB NATH TURI, SON OF MOHAL LAL TURI, RESIDENT OF VILLAGE KANHAIYAGANJ, P.S. EKANGARSARAI, DISTRICT NALANDA ……. PETITIONER. Versus THE STATE OF BIHAR …….. OPPOSITE PARTY. ----------- 7. 13.7.2009 Petitioners in Cr.Misc.No.2683 of 2009 are the mother-in-law and two brother-in-laws of the deceased. Petitioner in Cr.Misc.No.20268 of 2009 is the husband of the deceased. They are apprehending their arrest in connection with a case registered for the offence under Sections 304B/34 and 120B of the Penal Code. Husband, mother-in-law and two brother-in-laws are all named in the first information report and the allegation is that they have set ablaze the sister of the informant. It is submitted on their behalf that the prosecution story as set out in the first information report is wholly incorrect in view of the statement of the deceased recorded while she was being treated for burn injury at the Apollo Burn Hospital, Patna. Such statement was recorded by A.K.Sinha of Agamkuan Police Station on 24.3.2008 at 2.30 hours in which she narrated before the Police Officer that she suffered accidental fire. Later the first 2 information report was lodged disputing the statement of the deceased as recorded by the S.I. A.S.Sinha of Agamkuan Police Station. The Investigating Officer, however, relying on the statement of the deceased recorded by the S.I. of Agamkuan Police Station submitted final form and did not recommend the petitioners for trial. The court below, however, differing with the final form has taken cognizance and issued summons to the petitioners. Counsel for the informant has submitted that later an application was made to the authorities of the Criminal Investigation Department who got the matter enquired into by the S.P./Inspector of the weaker section, who submitted report whereafter the matter was referred to the S.P. Nalanda to take steps for reopening of the investigation in terms of sub-section 8 of Section 173 of the Code of Criminal Procedure and after reopening of the investigation under the orders of the court below, warrant of arrest has been issued against the petitioners and this court should not rely on the earlier final form submitted by the Investigating Agency. Having heard learned Counsel for the parties, I direct the petitioners to surrender in the court below within four weeks from today and the court below should thereafter examine the records and if it transpires there from that the investigation has been reopened in terms of sub-section 8 of Section 173 of the Cr.P.C., then pass appropriate orders in accordance with law, 3 failing which the court below shall admit the petitioners, namely, Pano Devi, Dinesh Turi and Dinanath Turi (In Cr.Misc.No.2683 of 2009) and Shib Nath Turi (In Cr.Misc.No.20268 of 2009) to the privilege of bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Sri B.K. Choudhary, Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with Ekangarsarai (Pirbigha) P.S.case No.53 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let a copy of this order be communicated to the court below through fax on payment of usual charges by the petitioners. Narendra/ ( V. N. Sinha, J. )