IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32671 of 2009 1.DHANPAT SINGH Son of Late Raghunath Singh 2.Lakshmi Singh Son of Dhanpat Singh Both are resident of Village Rampur Samathu, P.S.Angarghat, District Samastipur. Versus STATE OF BIHAR ----------- 2 16/9/2009 Heard counsel for the petitioners and counsel for the State. True it is that omnibus allegation is against both the petitioners who are non-else but father (petitioner no.1) and brother (petitioner no.2) of the deceased for causing burn injuries by throwing acid by a mob of at least ten persons including the petitioners of the same family. There is also no difficulty in finding that within 24 hours of the said burn injuries the Informant Ashok Singh who had specifically named the petitioners and his other family members to be solely responsible for causing the fatal injuries, had ultimately succumbed to death. It, however, remains a fact that the injury subscribed by the Informant-deceased on the petitioner no.1 by spade on his head was not found a reason for death of the deceased as per postmortem report. Similarly, injury said to be given by petitioner no.2 by Lathi on the face of the deceased leading to uprooting of three teethes has also not been found to have been substantiated in the postmortem report. The petitioners are in custody since the date of occurrence itself, inasmuch as; they were arrested by the police on the spot soon after the occurrence. Consider all these aspects this Court is inclined to 2 grant bail to the petitioners provided that father (petitioner no.1) and brother (petitioner no.2) will give due share in the ancestral house to the widow of the deceased either in kinds or in cash within a period of three months from the date of their release on bail and would also provide means for sustenance to her through income of the joint family within the aforementioned period. The two petitioner, namely, 1.Dhanpat Singh and 2.Lakshmi Singh are accordingly directed to be released on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, Samastipur in S.T. no. 59 of 2009 arising out of Angarghat P.S. Case No. 45 of 2008, whereafter they must surrender and the court below, after examining widow of the deceased that she has been given her due share in the joint family property as also means for sustenance for herself, will confirm the provisional bail granted to the petitioners. Abhay Kumar (Mihir Kumar Jha, J.)