IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13855 of 2010 1. SRI BHAGWAN YADAV 2. SMT. PARBATI DEVI ----------------------- PETITIONERS Versus STATE OF BIHAR ----------- 3 9.8.2010 Heard learned counsel for the parties. Allegation against the petitioners is that they assaulted the informant and his mother with fist and kick. The earliest statement of the informant/complainant is about falling ill of his mother, taken to hospital referring to Sadar Hospital for better treatment where she was declared dead. Some misdeed is alleged in form of providing some injection containing poisonous substance to his mother with allegation of assault by means of fist and kick caused by the accused persons. Injury sustained by her is not corroborated in post mortem report. Viscera has been sent for chemical examination to the Forensic Science Laboratory. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on 2 furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Barauli P.S. Case No. 134/09, subject to the condition as laid down under section 438(2) Cr.P.C. The court below shall be at liberty to allow the petitioners to continue on bail so granted to them on the basis of materials collected at the time of framing of charge as well as taking into consideration the viscera report. AI ( Mandhata Singh, J.)