IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12897 of 2010 1. BINOD SINGH, son of Late Gaya Singh 2. Banaras Singh, son of Late Dharam Deo Singh Both resident of village- Bhaluhi Rasool, P.S.-Sahebganj, District- Muzaffarpur .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party With Cr.Misc. No.7529 of 2010 SHASHI DEVI, wife of Binod Singh, resident of village- Bhaluhi Rasool, P.S.- Sahebganj, District- Muzaffarpur. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners : Mr. Vindhkeshri Kumar,Sr.Advocate For the State : Mr. Surendra Pd. Singh, Addl.P.P. ------------ 02/ 13-05-2010 Heard parties. In a criminal prosecution for the offences under Sections 302/201/34 of the Indian Penal Code, the petitioner- Binod Singh and petitioner-Banaras Singh are own uncles of the deceased- Raj Kumar Singh, whereas petitioner-Shashi Devi is own aunt of the deceased. According to prosecution case, informant was sent to her parent’s house by petitioner-Binod Singh by supplying a wrong information that her mother was seriously ill, but on arrival at her maternal home, the informant found that her mother was perfectly alright and she was not ailing. However, in the evening hours she was informed on telephone by her sister-in-law (Gotani) that these petitioners have killed her husband and are cremating his dead body, whereafter informant claims to have returned to her matrimonial home and found that 2 the petitioner-Binod Singh and petitioner- Banaras Singh with the help of others were cremating the dead body of her husband. The petitioner-Shashi Devi was not present there. Learned counsel appearing on behalf of the petitioners submits that the informant is not an eye witness and she is merely a hear say witness. Further during the course of investigation the witnesses have not supported the prosecution allegation against the petitioners, rather some of the witnesses have stated that the deceased had himself consumed poison, because he was not given share by the petitioners Binod Singh and Banaras Singh. Be that as it may, in view of the serious nature of allegation against the petitioners Binod Singh and Banaras Singh, who are alleged to have killed their own nephew in a suspicious circumstances, their prayer for anticipatory bail is rejected. They must surrender in the court below in connection with Sahebganj P.S.Case No.69/2009 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same shall be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioner-Shashi Devi is concerned, she is a lady and even according to prosecution case, on arrival of the informant she was not found present at the place of cremation of the deceased. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Sahebganj P.S.Case No.69 of 2009, the petitioner-Shashi Devi 3 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. (West), Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)