IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10945 of 2010 SIMLA DEVI, wife of Triloki Ojha, Resident of village Birampur, P.s. Koilwar, District Bhojpur, allegedly at village Naukpur, P.S. Nawanagar, District Buxar …….. Petitioner Versus THE STATE OF BIHAR …. Opposite Party ----------- For the Petitioner : Mr. R.J.Maharaj, Advocate For the State : Mr. Manish Kumar No. 2, A.P.P. 2 08.04.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that it is manifest from the first information report that the allegation of assault upon victim is general and omnibus because there is no specific allegation against this petitioner. It is submitted that the informant has been examined as a witness in a trial and he has categorically stated in paragraph no. 2 thereof that this petitioner was not present at the time of occurrence and she was not at all involved in this case. The aforesaid deposition is brought on record as Annexure 2. It is submitted that petitioner, who is - 2 - a lady, is languishing in jail since last several months. In the facts and the circumstances of the case, the petitioner, SIMLA DEVI, is directed to be released on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.D.J. F.T.C. II, Buxar, in connection with S.T. No. 246 of 2009 arising out of Nawanagar P.S. Case No. 37 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. It is made clear that the court concerned shall - 3 - proceed with the trial and conclude the same without being prejudiced by any direction, finding or observation made in this order. Spd/- (Dr. Ravi Ranjan, J.)