IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5153 of 2010 RADHA DEVI, Wife of Masudan Rajak, resident of Village- Koyla Khajuriya, P.S. Lodipur, District-Bhagalpur Versus STATE OF BIHAR ----------- 02 26-02-2010 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and Mr.Uma Shankar Pd.Singh, learned A.P.P. for the State. The petitioner, who is mother-in-law of deceased, is in custody in connection with Sessions Trial No.6 of 2009 arising out of Sabour Lodipur P.S. Case No.302 of 2008 for the offences under Sections 304(B)/34 of the Indian Penal Code. While pressing bail application, learned counsel for the petitioner produced certified copy of the order dated 30.11.2009, whereby co-accused, who is daughter of this petitioner has been granted bail in Cr.Misc.No.40513 of 2009. On perusal of the said order, it appears that Vikram Rajak , husband of the deceased, is already in custody. Though in the case charges were framed on 20.2.2009, till date prosecution has not produced even single witness. It is not desirable to keep this petitioner behind the bar for such a - 2 - long period without trial and, as such, the petitioner is entitled to be enlarged on bail. Considering the facts and circumstances of the case, let the petitioner above named 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 3rd Addl.Sessions Judge, Bhagalpur in connection with Sessions Trial No.06 of 2009 arising out of Sabour Lodipur P.S. Case No.301 of 2008 with a condition that on each and every date fixed by the court below petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can file a petition before the court below for prior permission for his non-appearance on a particular date and the court below may examine such prayer on its own merit. With the above observation and direction, the bail petition is allowed. NKS/- ( Rakesh Kumar, J)