IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32347 of 2009 1. Meena Devi, wife of Manoj Kumar, daughter of Ramdeo Rai, resident of Village- Jagir Karariya, P.S. Kotwa, District-East Champaran. 2. Sunaina Devi, Wife of Ramdeo Rai, resident of Village- Kalyanpur, P.S. Kotwa, District-East Champaran..............................Petitioners. Versus THE STATE OF BIHAR.................................Opposite Parties. ----------- 3. 10.05.2010. Heard learned counsel for the petitioner no.2 and the State. The petitioner no.1 has already been granted anticipatory bail vide order dated 05.11.2009. The petitioner no.2 is apprehending her arrest in a police case registered under Section 304(B) of the Indian Penal Code. The final form was submitted vide Annexure-2 and the police recommended for prosecution of the complainant but subsequently on protest, the cognizance has been taken under Section 304(B) of the Indian Penal Code. Vide order dated 05.11.2009, the petitioner no.1 was granted anticipatory bail. While considering bail of petitioner no.2 the case diary was called for. Mr. Mehta, learned counsel for the State, has submitted that there is allegation 2 in the case diary against all the accused persons though there are witnesses who suggested that the death has taken place due to the Epilepsy. Since the final report is submitted on the basis of over all evaluation of the investigation and the petitioner no.2 was not sent up for trial by the police and since she is aged lady, the petitioner no.2, Sunaina Devi is directed to be released on bail on her surrender before the learned court below within a period of twelve weeks from today in connection with Trial No. 2789 of 2008 arising out of protest-cum-complaint petition no. C-1593 of 2007 (Kotwa P.S. Case No. 74 of 2006)on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri V. N. Singh, the learned J.M. Ist Class, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of Cr.P.C. U.K. (Dinesh Kumar Singh,J)