IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33377 of 2009 ***** Shanti Devi @ Gyanti Devi, wife of Godhan Pandey @ Ram Ekbal Pandey, resident of village- Dighwa, P.S. Baikunthpur, District-Gopalganj. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 17.9.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody since 1.10.2008. She is alleged to be the mother-in-law of the deceased. The case has been lodged under Section 304 (B)/34 of the Indian Penal Code, which is Baikunthpur P.S. Case No.106 of 2008. Informant alleged that he received information on telephone that his daughter has caught fire and suffered burn injuries. When he reached her in-laws house he was told that the in-laws’ family has taken his daughter to Gopalganj for treatment. Later on probably she was being taken to Gorakhpur for further or better treatment when she died on the way. Based on the above statement the present case has been instituted. Submission of counsel is that though all the family members have been named as the accused it is a case of accidental fire coupled with the conduct that the family members had taken her for treatment and have not absconded or run away shows that they have no mens rea to commit any crime. Even otherwise she is an old lady who has remained in custody for quite a while. Keeping the above submission and the material in mind, let the petitioner, namely, Shanti Devi @ Gyanti Devi be enlarged on bail on - 2 - furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of 3rd Addl. Sessions Judge, Gopalganj in connection with Baikunthpur P.S. Case No.106 of 2008. One of the sureties will be executed by a close blood relation. It is further recorded that since the trial of the case is going on the petitioner will appear in person on each and every date. Pawan/- (Ajay Kumar Tripathi, J.)