IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55390 of 2007 MILYA DEVI & ORS Versus THE STATE OF BIHAR ----------- 3. 2.5.2008. N.H./ Heard both sides. Petitioners apprehend arrest in a case under section 304(B)/34 of I.P.C. It is submitted that the petitioner no.3 Mahendra Yadav has already been arrested. Accordingly, this application has become infructuous. This application is dismissed as being infructuous in respect of petitioner no.3. So far the case of other petitioners is concerned, it is submitted that petitioner nos.1 and 3 are Gotanis whereas petitioner nos.4 to 6 are brother-in-law of the victim lady. The allegation is with regard to commission of murder by strangulation. However, the postmortem report (Annexure-2) would go to show that it was not a case of strangulation. Actually, it is a case of suspected poisoning. Having regard to the facts and circumstances, in case of arrest or surrender before the court below within four weeks of receipt of this order, petitioner nos.1, 2, 4, 5 and 6, namely, Milya Devi,Rina Devi, Sanjay Yadav, Ashok Yadav and Manoj Yadav are directed to be released 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 C.J.M., Banka in Katoriya P.S. Case No.80 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. ( Ghanshyam Prasad ) - 2 -