IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30736 of 2008 1. MUKUTDHARI SINGH 2. BINA DEVI ……. PETITIONERS Versus THE STATE OF BIHAR ……. OPP. PARTY For the petitioners : - Sri Abhay Shankar Singh, Advocate For the O.P. : - Sri R.S. Ray, APP ----------- 3. 10.11.2008 Heard Sri Abhay Kumar Singh, Advocate for the petitioners and Sri R.S. Ray, APP for the State. The case is under Section 302 of the IPC and the petitioner Mukutdhari Singh is the allegedly the step father of the deceased while Bina Devi is his step mother. It is not denied that the informant was married to the petitioner Mukutdhari Singh, but by drawing the attention of the court to some of the orders passed by some judicial authorities it contended that the lady appears marrying another man in 1971, from whom she could have given birth of a child in 1972. There were a series of litigations between the petitioner Mukutdhari Singh and informant Raj Kumari Devi for alimony and other things also. Some matters appear reaching this court also in that connection. The FIR indicates that an unidentified dead body was found and thereafter, the informant reached there and she identified the same of her son and alleged that five days - 2 - prior to the incident five persons had come to her and threatened her not to fight the cases with the petitioner Mukutdhari Singh, else her son could be killed. Some paragraphs of the case diary, like, 11 and 12 indicate that there had been some threat to the informant, but beyond that there does not appear any material which could indicate directly or indirectly as a matter of circumstance that the petitioners could have committed the offence. Let petitioners Mukutdhari Singh and Bina Devi be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Tajpur (Pusa) P.S. Case No. 53 of 2008. DKS/ (Dharnidhar Jha, J)