IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4715 of 2010 ETWARIYA DEVI, WIFE OF JOGE MALLAH, RESIDENT OF VILLAGE – DANUHA, P.S. – KAKO IN THE DISTRICT OF JEHANABAD. ………… PETITIONER. Versus THE STATE OF BIHAR …………. OPPOSITE PARTY. FOR THE PETITIONR :- MR. SUNIL KUMAR, ADVOCATE. FOR THE STATE :- MR. RAJENDRA SINGH SHASTRI,APP …. 2 26.02.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 304(B) and 201/34 of the Indian Penal Code. However, a supplementary affidavit has been filed on behalf of the petitioner stating therein that after investigation, chargesheet has been submitted with regard to the offences punishable under sections 498A, 306/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner, who is an old lady, is mother-in-law of the deceased. The husband of the Victim, Rajesh Mallah, is stated to be in custody. It is further submitted that the police has submitted chargesheet under section 306 of the Indian Penal Code as the case under section 304(B) of the 2 Indian Penal Code has not been found true. Lastly, it is submitted that the petitioner is stated to be in jail custody since 06.01.2010. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, Etwariya Devi, 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 the Chief Judicial Magistrate, Jehanabad in Kako Police Station Case No. 127/09 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner must remain present on each and every date during the course of trial and if he remains absent for two consecutive dates during the course of trial, the court below would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)