IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31152 of 2011 1.Rameshwar Sah son of Nand Lal Sah 2.Jag Devi wife of Rameshwar Sah Both resident of village-Jadopur Bakhri Khajuri, P.S.-Dhaka, District- East Champaran Versus The State of Bihar ----------- 2. 14.9.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 594 of 2005 in which cognizance for the offence punishable under section 304/34 of the Indian Penal Code has been taken. It is stated that initially a complaint case was filed on 2.6.2003 by Savitri Devi making allegation against the petitioners for alleged killing of her daughter, Khushbu Kumari, The said complaint was referred to the police for institution of first information report and substantially a police case was registered on 15.6.2003. The police on conclusion of investigation submitted final report on 30.11.2003 holding the prosecution case to be ‘mistake of fact’. Subsequently, the complainant made some representation to the higher authorities of the police. The investigating officer of the case filed a petition in the court of S.D.J.M., Sikrahana at Motihari seeking permission for further investigation/re-investigation. The learned S.D.J.M., Sikrahana at Motihari by his order dated 15.4.2004 allowed the prayer and, accordingly, further investigation was carried out. Subsequently, again the police submitted final report on 30.12.2004 holding the case to be false and the petitioners 2 to be innocent. Taking into consideration the aforesaid aspects of the matter, let the petitioners, namely, Rameshwar Sah and Jag Devi in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikrahna, East Champran, Motihari in connection with Complaint Case No.594 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)