IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43881 of 2008 1. Mahakant Pratihast, s/o Adinath Pratihast. 2. Pramila Devi @ Nirmala Devi, wife of Mahakant Pratihast. Both residents of Village-Chhatauni, P.S. Basopatti, District- Madhubani at present at Jainagar, P.S.Jainagar, District Madhubani………………………………….Petitioners. Versus The State of Bihar. …………………………..Opposite Party. ----------- 3. 26. 03. 09. Supplementary affidavit has been filed on behalf of the petitioners. Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in connection with Basopatti P.S. Case No. 76/2008, for offence under Section 304B/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that they have been falsely implicated in this case as they were living separately since long in a different place even on the date of occurrence and even prior to the date of occurrence they reside in Jainagar. It is further submitted that the husband of the deceased on being charge sheeted, he is facing trial. The informant of the case has deposed that these petitioners were living separately after partition at Jainagar. Learned A.P.P. for the State is not in a position to oppose the same. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today the petitioners namely, Mahakant Pratihast and Pramila Devi @ Nirmala Devi shall be released on bail on furnishing - 2 - bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Basopatti P.S. Case No. 76/2008, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)