IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6964 of 2011 RAGHUVEER BHAGAT Versus THE STATE OF BIHAR with Criminal Miscellaneous No.8389 of 2011 LALITA DEVI Versus THE STATE OF BIHAR 4 12-07-2011 Both the above-said Cr. Misc. Cases arise out of the same case i.e. Simri P.S. case No. 138 of 2010 registered under sections-302, 328, 34 of the Indian Penal Code and accordingly, the above-said Cr. Misc. Cases are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned counsel for the state. Admittedly, the petitioner in Cr. Misc. No. 8389 of 2011 is step mother whereas; the petitioner in Cr. Misc. No. 6964 of 2011 is uncle of the deceased. Allegedly, both the above-said petitioners administered poison to the deceased who was aged about 15 years at the time of his death. Learned counsel for the petitioner in Cr. Misc. No. 8389 of 2011 submits that admittedly, the mother of the deceased died 10-11 years ago and after that, father of the deceased solemnized second marriage with petitioner in Cr. Misc. No. 8389 of 2011 and it is also an admitted position that the deceased was brought up , up to the age of 15 years under the guardianship of the petitioner in Cr Misc. No. 8389 of 2011. - 2 - It is further contended by him that the deceased might have consumed poison in frustration. Learned counsel appearing for the petitioner in Cr. Misc. No. 6964 of 2011 reiterates the submission of learned counsel appearing in Cr. Misc. No. 8389 of 2011 but added that the petitioner in Cr. Misc. No. 6964 of 2011 has no concern with the affairs of family of the deceased. Although learned Addl. P.P. opposed the prayer on the ground that in course of postmortem examination, some injuries were found on the person of the deceased but there is nothing in the entire case diary to show this fact as to how the deceased sustained above-said injury and so far as administering poison to the deceased is concerned, there is no eye witness of the above-said occurrence. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioners, namely, Raghuveer Bhagat (in Cr. Misc. No. 6964 of 2011) and Lalita Devi (in Cr. Misc. No. 8359 of 2011) be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Simri P.S. Case No. 138 of 2010 to the satisfaction of Chief Judicial Magistrate, Darbhanga. AKV/- (Hemant Kumar Srivastava,J.)