IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41042 of 2009 1. ISHWAR TIWARI 2. Kundal Kuwar @ Most. Kundali Devi Versus The STATE OF BIHAR ----------- 2/ 08.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. I agree with the submission made on behalf of the petitioners that the circumstance of the case is sufficient to rebut the presumption about having accusation on relation of the husband. Because of the reason for death of complainant’s daughter, a case is lodged at Jalpaiguri also for the offence under Section 302 of the I.P.C. but against the husband only. Here, the incident was reported after lodging F.I.R. and the same was investigated. Finding the allegation not true, final form was submitted. Thereafter, only on protest, cognizance is taken. In such view of the matter, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. C-2629 of 2007, Trial No. 2913 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Siwan subject to the conditions 2 as laid down under Section 438(2) of Cr. P.C. shail ( Mandhata Singh, J.)