IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13615 of 2010 1. RAJ KUMAR SAH, SON OF LATE RAM EKBAL SAH 2. PREM SHANKAR SAH, SON OF LATE RAM EKBAL SAH. 3. RUPESH KUMAR SON OF PREM SHANKAR SAH 4. NIRMALA DEVI WIFE OF PREM SHANKAR SAH 5. MANJU DEVI WIFE OF RAJ KUMAR SAH, ALL ARE RESIDENT OF VILLAGE AKBARPUR P.S. DARIYAPUR DISTT. SARAN AT CHAPRA. Versus THE STATE OF BIHAR ----------- 02. 02.06.2010 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections- 302/34 of the Indian Penal Code. They are named in the First Information Report and are alleged to have assisted the main accused i.e. Chanchal Sah in assaulting the deceased with the reversed portion of the spade causing his death. It is submitted on behalf of the petitioners that Chanchal Sah is not the petitioner in the instant application, in which three male and two lady inmates of the family are the petitioners. It is further submitted that deceased died on account of cardiac arrest and there was no injury on his person. It is also submitted that even post mortem was not conducted. Let petitioners surrender in the court below within four weeks from the date of receipt of this order in the court below thereafter petitioners Nirmala Devi and Manju Devi be released on bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the 2 satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No.134 of 2009, subject to the conditions as laid down under Section-438(2) Cr.P.C. and the case of three male petitioners be considered in the light of the injury/post mortem report and if there is no injury/post mortem report on record the remaining three petitioners, namely, Raj Kumar Sah, Prem Shankar Sah and Rupesh Kumar be also released on bail on furnishing bail bonds of Rs.5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No.134 of 2009, subject to the conditions as laid down under Section-438(2) Cr.P.C., failing which the court below should pass appropriate orders in accordance with law. Until due verification is made by the court below no coercive steps be taken against the three male petitioners, but it is made clear that final orders on the bail plea of three petitioners should be passed within one week of their surrender in the court below. Rajesh/ ( V. N. Sinha, J.)