IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9847 of 2009 1. MAHESH MAHTO, SON OF LATE MAHADEV MAHTO 2. SMT. BHAGMATI DEVI, WIFE OF LATE MAHADEV MAHTO 3. UMESH MAHTO, SON OF LATE MAHADEV MAHTO 4. SMT. BASANTI DEVI, WIFE OF UMESH MAHTO ALL R/V KESARIYA DIH, P.S. KESARIAYA, DISTRICT EAST CHAMPARAN AT MOTIHARI---------PETITIONERS. Versus THE STATE OF BIHAR-------OPP. PARTY. ----------- 02. 10.06.2009 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 498A, 302 and 201/34 of the Penal Code. They are the husband, father-in- law, brother-in-law and sister-in-law of the deceased. It is submitted on their behalf that they have been falsely implicated in this case as the deceased died on account of diarrhoea after she was admitted to the hospital and in support of such fact, the Doctor who attended on her before her death has been examined by the Investigating Agency, as would appear from paragraphs 76 and 83 of the case diary, which statements were recorded in the light of the instructions of the Supervising Authority i.e. Dy. S.P., contained in Memo No. 1423 dated 31.7.2003, Annexure-3. Let the petitioners surrender in the court of Chief Judicial Magistrate, East Champaran at Motihari in connection with Kesariya P.S. Case No. 68 of 2008 within four weeks from today and apply for regular bail, which should be considered in - 2 - accordance with the findings recorded in paragraphs 76 and 83 of the case diary, where statement of the Doctor has been recorded. Until such verification no coercive steps be taken against the petitioner. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha,J.)