IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7437 of 2011 RAJESH CHAUDHARY & ANR. Versus THE STATE OF BIHAR ----------- 2 07.04.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Petitioner No. 1 is husband whereas petitioner No. 2 is mother-in-law of the deceased whose marriage had taken place five years ago. The impugned order of learned IInd Additional Sessions Judge, Banka reveals that the statement of deceased was recorded while she was admitted in hospital for treatment and in the aforesaid statement, she candidly stated that her in-laws were not responsible for her burning rather she was engulfed in fire while she was cooking meal. It is also noticed from the impugned order that this fact was brought to the notice of learned IInd Additional Sessions Judge, Banka that father- in-law of the deceased has already been granted bail by this court but it is very unfortunate that the learned IInd Additional Sessions Judge, Banka refused to consider the findings given by this court in the order by which the father- in-law of the deceased was granted bail. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioners, namely, Rajesh Choudhary and Jogmaya Devi @ Joga Devi be released on bail on furnishing bail bonds of 2 Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Shambhuganj P.S. Case No. 20 of 2006 corresponding to Sessions Trial No. 1338 of 2010 to the satisfaction of IInd Additional Sessions Judge, Banka. Learned Addl. Sessions Judge-II, Banka should be more cautious and vigilant while considering the bail applications. AKV/- (Hemant Kumar Srivastava,J.)