IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36496 of 2009 1. Butan Das, S/o Late Katori Das, Resident of Vill. Chakbahauddin, P.S. Dalsingsari , Dist. Samstipur. 2. Kailashiya Devi, W/o Butan Das, Resident of Vill. Chakbahauddin P.S.Dalsingsari Dist.Samstipur. -------- Petitioners Versus The State of Bihar ----- Opp. Party ----------- 3 3.12.2009 Heard learned counsel for the petitioners and counsel for the State. The petitioners being father-in-law and mother-in-law of the deceased face prosecution for offence under Section 302/34 of the Indian Penal Code and it is said that they had given poison to the deceased as a result whereof, she had died. Learned counsel for the petitioners would submit that paragraph nos. 25 and 26 of the Case Diary is clincher to the aspect of innocence of the petitioners, inasmuch as, the independent witness in paragraph no.25 has stated before the police that the deceased had died on account of some altercation with the mother-in-law which was the outcome of the deceased being forbidden to meet outsiders or grow intimacy with them. Learned counsel for the petitioners further relies on the statement of co-sister (Gotni) in paragraph 2 no.26 to draw strength to the defence version of the deceased committing suicide by consuming poison on account of the aforementioned dispute between mother-in-law and daughter-in-law. This Court would find two notable features which would disentitle the petitioners from being released on bail till conclusion of their trial. The first one is that the husband of the deceased was away allegedly for earning livelihood in Assam and if therefore any objectionable conduct was noted by the mother-in-law, the petitioner no.2 regarding the character of the deceased, she had to persuade the victim through her husband. There is nothing in the Case Diary to explain this aspect save and except the two persons referred above one who says the deceased may have (lEHkor%) committed suicide and the other being the Gotni, daughter-in-law of these two petitioners was not in a position to say anything but what was given to her by these two petitioners as her husband also was in Assam. The second circumstance which still of a greater importance would be that the 3 deceased according to the petitioners had allegedly consumed poison and had died. But then, there is nothing to show that the family members were informed of such incident either prior to the occurrence taking place which may have facilitated them to ask the deceased to improve her conduct with regard to growing intimacy with the neighbors or even after death in suspicious circumstances or given information of her death in her suspicious circumstances. The informant has himself stated that he could know about the death of his daughter in a suspicious circumstances and had rushed the place of occurrence by virtue of which he could get the postmortem conducted in which the viscera report is yet to be submitted by the Forensic Science Laboratory which would be indicative to the fact that the petitioners had made their best effort to suppress the real version till it could be discovered by the emergence of the informant on the scene. That being so, this Court is not inclined to grant bail to the petitioner and accordingly, the prayer for bail of the 4 petitioners, namely, Butan Das and Kailashiya Devi is hereby rejected with a direction to the trial court to expedite the trial of the petitioners. Rsh (Mihir Kumar Jha, J.)