IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40625 of 2010 Sanjharo Devi, wife of Harendra Singh, resident of Quarter No. 141/1JCO, S.F. Quarter A.S.C. Centre (N), Police Station Magadh Medical, District Gaya. -------- Petitioner Versus State Of Bihar ---------- Opp. Party ----------- 4 04.8.2011 Heard learned counsel for the petitioner and counsel for the State as also counsel for the informant. The prayer for bail of the petitioner was earlier rejected by order dated 7.9.2009 in Cr. Misc. No. 28160 of 2009 giving her liberty to renew her prayer for bail after one year. Learned counsel for the petitioner would submit that the petitioner has remained in custody for a period over two and half years and that no progress has been made in the connected trial. Learned counsel for the informant, however, would immediately submit that since the court had remained vacant, such trial of the petitioner could not be taken up. In the considered opinion of this Court, the nature of allegation against the petitioner, being only extending supporting hand to her husband in facilitating in the 2 scam of appointment, the petitioner being lady, would be definitely entitled now for grant of bail. It is, however, made clear that this bail is being granted to the petitioner only because she is even otherwise protected under Section 437 of the Code of Criminal Procedure. That being so, this Court would direct for release of the petitioner, namely, Sanjharo Devi on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rumpa Kumari, Judicial Magistrate, 1st Class, Gaya in connection with Magadh Medical P.S. Case No. 97 of 2008, G.R. No. 2643 of 2008 (T.R. No. 398 of 2010), subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and her absence even for a single day would automatically entail the consequences of cancellation of her bail. (iii) The petitioner in case is now 3 made accused in any other criminal case, that would itself lead to cancellation of her bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)