IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20322 of 2010 MAMTA DEVI W/O Sajo Mahto, R/o House of Veena Singh, MohallaLohiya Nagar, P.S. Town, Dist. Begusarai … Petitioner Versus STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Deepak Kumar, Advocate. For the State : Mr. Akbar Ali, A.P.P. --------- 2 16.6.2010 Heard the parties. In a criminal prosecution for an offence under section 302/34 of the Indian Penal Code, though petitioner and few other persons are named in the FIR as an accused, but admittedly the informant is not an eye witness of alleged occurrence of murder. According to the FIR vide Annexure-1, the accused persons as also the deceased had organized a dinner party in the night on the roof of the house and on certain altercation the informant was assaulted by her husband and she was confined in a room. However in the morning hours, when she went on the roof she found the dead body of her husband and accused persons were not found present there. It is submitted by learned counsel for the petitioner that entire prosecution allegation against the petitioner is based on suspicion and surmises and the petitioner, a lady, had absolutely no motive to participate in the occurrence in question. It is further submitted that co-accused Bishwakarma Das, with almost similar and identical allegation, has already been granted bail by a bench of this Court by order dated 18.2.2010 passed in Cr. Misc. No. 3448 of 2010 vide Annexure-2. The petitioner is said to be in judicial custody since 27.4.2010. In the aforesaid facts and circumstances, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- - 2 - (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Begusarai in connection with Begusarai Town P.S. Case no. 298 of 2008. ( Birendra Prasad Verma, J. ) M.Rahman