IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37885 of 2009 1. AJAY KUMAR @ AJAY MANDAL SON OF RAM BRIT MANDAL. 2. NAGENDRA MANDAL SON OF RAM SHRESHTH MANDAL, BOTH RESIDENT OF VILLAGE SUNDAR KHAULI, P.S. AURAI, DISTT. MUZAFFARPUR. Versus STATE OF BIHAR ----------- 7. 3.3.2010. Learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of the application. Prayer is allowed. Heard Mr. P.N. Shahi, learned counsel for the petitioners and learned counsel for the State. The petitioners are in custody in Katra P.S. Case No.82 of 2009 for the offence under Section 302/34 of the Indian Penal Code. They have made a prayer for grant of bail. Petitioner no.1 is brother of husband of the deceased and petitioner no.2 is a co-villager. Both were apprehended while they had gone to drop the deceased at her father’s village. The allegation is that petitioners and all family members had assaulted the daughter of the informant and thereafter, while they had come to the - 2 - village, both petitioners were apprehended and one day thereafter the daughter of the informant died. In this case, case diary was also called for. Learned counsel for the petitioners, while referring certain paragraphs of the case diary, submits that the deceased was being treated by psychiatric and she was mentally dis-ordered and due to ailment, the in-laws of deceased had carried her to her father’s house and thereafter, she died. Be that as it may, since the petitioner no.2 is co-villager and petitioner no.1 is brother of husband of the deceased, I am inclined to grant bail to both the petitioners. Let both the petitioners above named be enlarged on bail on their furnishing bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of Fast Track Court No.3, Muzaffarpur in Katra P.S. Case No.82 of 2009 with a condition that both the petitioners shall remain present in court on each and every date, failing which their bail bonds shall stand automatically cancelled provided - 3 - N.H./ that in special exigency, the petitioners can make a prayer before the court for prior permission for their none appearance on a particular date and the court below may examine such prayer on its own merit. With above condition and direction, the bail petition is allowed. ( Rakesh Kumar,J.)