IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47057 of 2008 SURYA KANTI DEVI Versus THE STATE OF BIHAR ----------- 3 27.4.2009 Heard learned counsel for the petitioner and the State. In the case, the petitioner along with other family members has been alleged for offence under section 304(B) IPC but after the investigation, the police submitted charge sheet for offence under section 364 IPC and in that connection witnesses are there as referred in paragraphs 30, 31, 32, 33 and 45 of the case diary that it was Amarjit Kumar with whom the victim lady has any affair was seen. Considering the involvement of petitioner who happens to be mother in law of the victim lady, her arrest cannot be justified at the moment. I agree with the submission. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from today in Paliganj P.S.Case No.134 of 2005, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount - 2 - each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI