IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16890 of 2009 1. GAURI SHANKAR RAI@ GAURI RAI son of late Shiv Balak Rai 2. Mira Devi W/0- Gauri Shankar Rai @ Gauri Rai 3. Rakesh Kumar Rai @ Rakesh Rai son of Gauri Shankar Rai @ Gauri Rai All are r/o-village Mahanth Maniyari P.S.Maniyari Distt.Muzaffarpur …………………….. Petitioner Versus STATE OF BIHAR ……………….. Opposite Party ----------- 2 15.05.2009 Heard counsel for the petitioner and counsel for the State. Admittedly, the allegations for offences under Sections 304(B) and 34 of the Indian Penal Code in this case is basically against the husband in as much as in the statement of the two sons of the deceased they have stated that there was quarrel in the night between their mother and father on the issue of going to Naihar and soon thereafter the death had taken place. Thus complicity of the petitioners, who are father-in-law, mother-in- law and brother-in-law (Dewar) in the peculiar facts of this case, does not inspire confidence. That being so, this Court would direct release of the petitioners namely, Gauri Shankar Rai @ Gauri Rai, Mira Devi, Rakesh 2 Kumar Rai @ Rakesh Rai on bail in the event of his surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate(S.D.J.M.) West Muzaffarpur in connection with Maniyari P.S. Case No.113/2008 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. Bibhash (Mihir Kumar Jha, J.)