IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10712 of 2010 SITA DEVI wife of Vijay Mehta---------Petitioner. Versus STATE OF BIHAR . ----------- 3. 9.9.2010 Heard learned counsel for the petitioner and the State. Deceased came out from the house at about 3 a.m. in the night, thereafter disappeared rather his dead body was found. Some persons having inimical relation were named with suspicion for committing the murder. Petitioner’s name appeared only when a complaint was lodged in the court of S.D.J.M., Birpur, on 18.12.2007 which was sent to the police as the same has been made part of investigation. Thereafter, complicity of petitioner and her husband appeared. F.I.R. is clear enough that at about 3 a.m. informant asked the deceased time, he replied that it was 3 O’ Clock. He came out from the house to piss, thereafter did not return then petitioner’s husband was asked to search the deceased. This much of the fact never can be ignored if different story comes at later stage that also from the mouth of the informant and his wife. Moreover, in complaint petition also it is mentioned that relation of the deceased with informant’s brother was cordial and there was every affection of the petitioner for the deceased. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the 2 satisfaction of the S.D.J.M., Birpur at Supaul, in connection with Birpur P.S. case no.26 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J.)