IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2866 of 2009 JAIKAL DEVI @ MARICHIYA DEVI, WIFE OF RAMDAYAL PASWAN, R/V NARAULI, P.S. MUSHARI, DISTRICT MUZAFFARPUR----------PETITIONER. Versus STATE OF BIHAR---------------OPPOSITE PARTY ----------- 03. 20.03.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending her arrest in connection with a case registered for the offence under Sections 363/366A/376 and 109/34 of the Penal Code. It is submitted on her behalf that she is neither named in the First Information Report nor her name transpired during investigation nor any charge sheet was submitted against her but during recording of evidence process under Sections 82 and 83 has been issued against her, although she has not been named by any of the witnesses while recording their evidence. Let the petitioner, namely, Jaikal Devi @ Marichiya Devi surrender before the Chief Judicial Magistrate, Muzaffarpur on 30.3.2009 and the court below should verify the fact that petitioner is not named in the First Information Report and the charge sheet and if she is not named either in the First Information Report or in the charge sheet then she be admitted to the privilege of bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 257 of 1998, subject to the conditions as laid down under Section 438(2) Cr.P.C., failing which the court below shall pass appropriate orders in accordance with law. - 2 - Until 30.3.2009 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 petitioner. Rajesh/ (V.N.Sinha,J.)