IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35426 of 2009 1. BIMAL DEVI, wife of Ratan Mandal 2. Nutan Devi, daughter of Ratan Mandal Both resident of village Temha Banni, P.S. Mahesh Khut, District Khagaria Versus THE STATE OF BIHAR ----------- 2. 15.10.2009 Heard counsel for the petitioners and the counsel for the State. Considering the nature of allegation u/s 304B and other allied offences of the Indian Penal Code and the fact that the information of death of the deceased was given to the informant and other family members whereafter they had also gone to the house of the petitioners and had found there the deceased dead, the implication of petitioner no.2, sister-in- law, would definitely be a far fetched conclusion, especially when it is also found that the specific allegation is only against the husband. The prayer for bail of petitioner no.2 is thus hereby allowed and she (Nutan Devi) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief 2 Judicial Magistrate, Khagaria in Mahesh Khut P.S.Case No. 66/2009. The prayer for bail of petitioner no.1 Bimal Devi, for the time being is rejected but liberty is given to her to renew such prayer for bail before the court below itself after receipt of Viscera report. If the court below would find no trace of poisoning in the Viscera report, it would grant bail to petitioner no.1 and in the event such bail of petitioner no.1 would be rejected for any reason, petitioner no.1 shall have the liberty to move this Court. (Mihir Kumar Jha,J.) Surendra/