IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10261 of 2008 USHA DEVI Versus STATE OF BIHAR ----------- 3 9.5.2008 Heard. Petitioner is an accused in a case under sections 302 and 328 read with 34 of the Indian Penal Code. Petitioner is second wife of Shankar Mandal. The deceased is her step daughter. The informant is maternal uncle of the deceased. The allegation is that Shankar Mandal and the petitioner administered some poisonous substance as a result of which the girl died. Learned counsel submitted that except suspicion there is nothing more against the petitioner in the case diary. During post mortem examination the doctor did not find any external injury over the body of the deceased. The doctor preserved viscera for chemical examination. He further submitted that the investigating officer without obtaining viscera report submitted charge sheet. He then submitted that Shankar Mandal has been allowed bail by the court below and the case of the - 2 - petitioner is also similarly situated. Learned counsel pointed out that the petitioner is in custody since 12.2.2007. Learned APP though opposed the bail but conceded that viscera report is still not available in the case diary. In the facts and circumstances of the case, the petitioner, namely Usha Devi is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court-4, Bhagalpur in Tr.no. 141/07/919/07 arising out of Sabour PS case no.274/02. (M.Saran,J.) AI