IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21228 of 2009 1. RAMOTAR MANDAL 2. SUDAMA BADAMIYA Versus STATE OF BIHAR ----------- 2 03.07.2009 Heard both sides. The petitioners, who are father-in-law and mother-in- law of the victim, have approached this court for grant of bail in a case instituted under diverse sections of Indian Penal Code including sections 302 and 201 of Indian Penal Code. The case relates to murder of a lady in the matrimonial home about 10-12 years after her marriage. Motive has been assigned in the F.I.R. itself by alleging that the husband (Madhu Kant Mandal) had illicit relationship with another lady of the house and therefore, he wanted to do away with the life of the victim. Learned counsel submits that admittedly the informant is not an eye witness to the occurrence. It is further submitted that going by the motive spelt out in the F.I.R. itself, , the father and mother of the accused Madhu Kant Mandal cannot be prima facie said to have participated in the actual commission of murder. It is said subsequently they may have assisted in disposal of the body. From the impugned order, there is no indication that any witnesses has claimed to have seen the present petitioners involved in actual killing of victim. It is contended that the petitioners are aged persons and are in custody since 29.12.2008. Mr. Shashi Dhar Jha, on instruction, states before this 2 Court that the husband (Madhu Kant Mandal) continues to be in jail custody. In the facts and circumstances of the case, let petitioners abovenamed 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 learned Chief Judicial Magistrate, Saharsa in connection with Basnahi P.S. case no. 39 of 2008. pkj ( Kishore K. Mandal, J. )