IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42299 of 2009 1.BABLU PODDAR S/O Late Om Prakash Poddar. 2.Shailya Devi W/O Late Om Prakash Poddar Both resident of Mahadatpur, p.S. Naugachhiya, District Bhagalpur. Versus STATE OF BIHAR ----------- 2 7/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioners, being Bhaisur and mother-in-law facing allegation for the offence under sections 304 B and 201 of the Indian Penal Code, have their defence that the deceased had died natural death on account of diarrhoea actuated by her consuming poison. Counsel has further submitted that there are materials to show that father of petitioner no.1 and husband of petitioner no.2 had died just couple of days earlier to the occurrence and the deceased was adamant that her husband should not meet the expenses of shradha but as her husband, a co-accused did not give into her such wishes she had consumed poison. Counsel also points out that the family members of the Informant were informed and only when they did not turn up the dead body was cremated. This Court would find that the petitioners, being named accused in the First Information Report lodged on 15.1.2009, had surrendered only on 6.11.2009 and their 2 prayer for bail by the court below was rejected 19.11.2009 wherein even the complete materials against him could not be looked into and appreciated due to pendency of investigation against the petitioners. In that view of the matter, the submissions made by the learned counsel for the petitioners can be better appreciated only after the charge sheet, if any, against them are submitted. Consequently, this Court, while rejecting prayer for bail of the petitioners only on the ground of investigation being pending against them, would direct the trial Court (Sessions Court) to reconsider the prayer for bail of the petitioners in the light of the complete materials gathered against them in the case diary. With the aforementioned observation this application is dismissed at this stage. Abhay Kumar (Mihir Kumar Jha, J.)