IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28762 of 2008 SIYA DEVI @ BALESHWARI DEVI & ANR Versus THE STATE OF BIHAR ----------- 02. 25.09.2008 Heard learned counsel for the petitioners and learned APP for the State. Petitioners are supposed to be mother-in-law and brother-in- law who are in custody in relation to Kharagpur P.S. Case No. 118 of 2006 under section 302 read with section 34 of the Indian Penal Code. Submission is that final form was submitted against these two petitioners by the police but by taking cognizance of a complaint case petitioners have been again brought before the court for the offence in question. The allegation of physical assault on the deceased is attributed to the husband which is mentioned both in the FIR as also in the impugned order and no overt act or covert act has been assigned in so far these two petitioners are concerned. They are in custody since 29.5.2008. In addition to this another accused has already been enlarged on bail and the husband of the deceased is already in custody. Keeping the above facts in mind, let petitioners namely, Siya Devi alias Baleshwari Devi and Mukesh Sharma be released on bail on furnishing bail bond of Rs.20,000/- each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No. 7, Munger in Sessions Trial No. 545 of 2008 arising out of Kharagpur P S Case No. 118 of 2006. rkp (Ajay Kumar Tripathi, J) - 2 -