IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2070 of 2009 1. SHAIL DEVI @ SHAIL KUMARI DEVI, Wife of Ram Sagar Rai, resident of village-Chakalahdad, P.S. and District- Vaishali. 2. Manju Devi, daughter of Ram Sagar Rai, resident of village Chakalahdad P.S. and District- Vaishali, Wife of Nawal Kishore Rai, village Chakakoo, P.S. Bhagwanpur, District- Vaishali. Versus STATE OF BIHAR ----------- 2. 08.05.2009 The petitioners, who are mother and daughter apprehend their arrest in connection with Sessions Trial No.83 of 2008 arising out Vaishali P.S. Case No. 42 of 2007. The petitioners were made accused on being summoned under Article 319 of the Cr.P.C. on the basis of evidence adduced during trial. The allegation is that the two petitioners and co- accused Ram Sagar Yadav who is husband of the petitioner No.1 Sail Devi had killed the deceased by way of assaulting on his head by means of Kulhari (axe). It was alleged in the F.I.R. that while Sheesham tree which fell in the share of the deceased was being cut by accused Ram Sagar Rai and the deceased had protested it as a result of which Ram Sagar Rai and the two petitioners had killed the deceased by assaulting on him by means of axe. The learned counsel for the petitioners submits that in this case the police had conducted investigation and on completion investigation charge-sheet was submitted only against Ram Sagar Rai who was facing trial. The police did not find any case against the two petitioners. Hence, charge-sheet was not submitted against them. But in course of evidence - 2 - allegations were also leveled on these two petitioners, hence, the trial court summoned the two petitioners. Referring Annexure-2 the post-mortem report it is pointed out that only one incised wound had been found on the left tempro-parietal of the deceased and it was the cause of death. The learned counsel says that even the post-mortem did not find any other incised wound as is said to have been caused at the hands of the two petitioners. Mr. N. K. Prasad, the learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioners, namely, Shail Devi @ Shail Kumari Devi and Manju Devi are admitted to anticipatory bail in the event of their arrest/surrender before the court below within two weeks on furnishing their bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-cum-Fast Track Court No.III, Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Code of Civil Procedure. (C.M. Prasad, J.) Ravi/-