IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19784 of 2009 1. RAM KALA DEVI, Wife of Surya Narayan Singh and 2. Surya Narayan Singh, S/o Late Bauwe Lal Singh, both are resident of Village – Phulwaria, P.S. – Babubarhi, District – Madhubani ……Petitioners Versus THE STATE OF BIHAR ……..............Opposite Party. ----------- For the Petitioners:- Mr. A.K. Thakur, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 3. 06.10.2009. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners have been made accused for the offences punishable under Section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that though four persons have been named in the F.I.R. for assaulting the deceased but the informant, admittedly, is not the eye witness. It has been stated in the F.I.R. that the deceased has stated before him that four persons including the petitioners have assaulted him. However, it is further submitted that one Kapil Singh, who is an independent witness and claims to have seen the occurrence, has stated that co-accused Manoj Kumar Sah 2 and Shambhu Sah were engaged in physical scuffle with the deceased whereas petitioner no. 2, Surya Narayan Singh and his wife Ram Kala Devi, petitioner no. 1 were standing aside using filthy language. It is also submitted that co-accused Shambhu Sah in his confessional statement has confessed the guilt and has stated that he, after assaulting the deceased by dagger, had given the weapon to co-accused Manoj Sah, who had concealed the weapon under the pillow in his house. On his confessional statement, the house of Manoj Sah was searched and the weapon was recovered therefrom, as has been stated in paragraph 17 of the case diary. The petitioners are stated to be under judicial custody since 27.02.2009. Learned counsel for the State submitted that in the F.I.R. allegations of assaulting the deceased are leveled against all the accused persons. In the aforesaid facts and circumstances of the case, I direct the petitioners, Ram Kala Devi and Surya Narayan Singh to be released on bail on their furnishing bonds in the sums of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each 3 to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Babubarhi P.S. Case No. 26/09. dk ( Dr. Ravi Ranjan, J. )