IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1598 of 2009 1. Khairool Khatoon, wife of Md. Fahim. 2. Md. Fahim, son of Serjul 3. Nanhak Mian, son of Serajul 4. Serajul, son of Ishmail Mian All residents of Village-Mehandibari, P.S. Manuapul, District-West Champaran…………………Petitioners. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 26. 03. 09. Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners submits that during the pendency of this case, Petitioners Nos. 2, 3 and 4 namely, Md. Fahim, Nanhak Mian and Serajul were arrested and as such bail application against them would become infructuous. Accordingly, this application against the aforesaid Petitioners Nos. 2, 3 and 4 is dismissed as infructuous. The petitioner apprehends his arrest in connection with Bettiah Mofassil (Manaupul) P.S. Case No. 133 of 2008 for offence under Sections 448, 323, 354, 324, 328 and 302/34 of the Indian Penal Code. The allegation against the petitioner is that she administered poison to the wife of the informant who was alleged to have illlcit relationship with Petitioner No. 1. Petitioner No.1 used to visit the house of the informant in absence of the informant. It is submitted that during investigation, it would reveals that the informant’s wife (deceased Hasan Tara khatoon) was leading adulterous life and she was even scolded by her husband and then out - 2 - of frustration she committed suicide consuming poison. It is further submitted that allegation of poisoning the wife of the informant is absolutely incorrect since the police, during investigation submits that the wife of the informant committed suicide consuming poison. Learned A.P.P. for the State is not in position to oppose the same. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner namely, Khairool Khatoon shall 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 the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (M) (Manuapul) P.S. Case No. 133 of 2008, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)