IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35309 of 2008 SHARDA DEVI & SITA DEVI Versus STATE OF BIHAR ----------- 3. 26.11.2008 Heard Sri Pravin Kumar Sinha, Advocate for the petitioners and the learned A.P.P. for the State. The two petitioners, ladies, are related in between them as petitioner Sita Devi is the Bhabhi of petitioner Sharda Devi. There is no dispute in the fact that petitioner Sharda Devi married to Jai Prakash Mandal on the death of his first wife and vowed not to give birth to any child and to nurse and bring up the deceased and his other brother who had been left by their mother on account of her death. The allegation is that the petitioner on account of deceased being her step son and on account of enmity and greed managed to get him killed or killed him and disposed of his dead body by throwing it into water by tagging it to a stone boulder . The contention is that sufficient material is there in the case diary that the lady was sticking to her words and vow and that she was as affectionate to the two children as could be the real mother. The further contention is that the deceased was mentally retarded and used to stray away from his house and on death of his father the lady contacted authorities for getting an employment on compassionate ground for him. The further contention is that the informant was a man of bad disposition and was putting a greedy eye on petitioner Sharda Devi, who was a beautiful young lady. It is further contended that the informant harassed the petitioner Sharda Devi so much so as to forcing - 2 - her to leave the Mohalla and to migrate to another locality of the township. The contention further is that in spite of the dead body being found, the petitioner Sharda Devi was never informed nor was given any knowledge as regards the identity of it and the FIR was lodged. This was the reason for the D.I.G. to intervene in the matter to save the petitioners. The learned A.P.P. concedes to the facts as regards the mental retardation of the deceased and other aspect of the matter. Let the above named two petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Belhar P.S.Case No.26 of 1999. B.Kr. ( Dharnidhar Jha, J. )