IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18824 of 2010 1. BANTI LAL SAH & 2. DIP LAL SAH Versus STATE OF BIHAR ----------- 4 25.08.2010. Heard learned counsel for the parties. The petitioner has been made accused in a case under sections 302/34 of the I.P.C. on the allegation of informant that on the order of petitioner no.1, one Bindeshwar Sah hurled lathi blow to his sister-in-law which missed and struck one Lalita Devi. The Lathi blow hurt her and her niece (the little child resting in her lap). It is said that the child died thereafter. The petitioners submit that the scuffle took place on account of rife between brothers and Lalita Devi, who would be best witness to the assault, has not made allegation that it was petitioner no.1 on whose order assault took place. Moreover, in any view of the matter, accused Bindeshwar Sah assaulted Lalita Devi causing death of her niece. Petitioners are in custody since 15.2.2010 and 5.3.2010. In the facts and circumstances of the case, let the petitioners as above be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, West Muzaffarpur in Kathaiya Police Station Case No. 6 of 2010. Petitioners would not absent physically for more than 2 two consecutive dates at a stretch, till two witnesses are examined in trial, otherwise their bail bond would be cancelled and they would be taken into custody. Shashi. (Samarendra Pratap Singh, J.)