IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29843 of 2011 Seema Devi Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.31383 of 2011 Ramakant Pandey Versus The State Of Bihar ----------- 03/ 21.11.2011 Both the above stated petitions arise out of Dehri Town P.S. Case no.185/2011 registered under sections 302, 201/34 of the IPC and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Admittedly, none has seen the actual killing of the deceased and in course of investigation, it came to light that petitioner in Cr. Misc. no. 29843/2011 who happens to be wife of the deceased had illicit relationship with the son of petitioner in Cr. Misc. no. 31383/2011. Learned counsel for the informant submits that prior to the alleged occurrence the deceased had left his house in the company of petitioner in Cr. Misc. no. 31383/2011 and when he did not return to his home till late night, a Sanha was lodged by the informant and when she enquired from petitioner in Cr. Misc. no. 31383/2011 about whereabouts of her son, the aforesaid petitioner did not give satisfactory answer and subsequently, dead body of the informant’s 2 son was recovered. Even if the aforesaid material assumed to be true, then also, the entire case hinges upon circumstantial evidence and, at best, in respect of petitioner in Cr. Misc. no. 31383/2011 it can only be said that it is a case of last seen. Accordingly, petitioners, Seema Devi and Ramakant Pandey, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge FTC No. III, Rohtas at Sasaram in Sessions Trial no. 295/2011 arising out of Dehri Town P.S. Case no. 185/2011. shahid (Hemant Kumar Srivastava,J)