IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42409 of 2008 1. DILA GIRI, son of Late Rudal Giri 2. SITALI KUWAR, w/o Late Rudal Giri Both resident of Village Piyara Math, P.S. Dariyapur, District Saran -----Petitioners Versus STATE OF BIHAR ----------- 2. 18.12.2008 At the outset Mr. Udai Shankar Singh, learned counsel for the petitioner seeks permission to withdraw this application on behalf of petitioner no.1 Dila Giri. This application, as against petitioner no.1 Dila Giri, is, accordingly, dismissed as withdrawn. A supplementary affidavit has been filed on behalf of the petitioners stating therein to the effect that petitioner no.2 Sital Kuwar is aged abut 80 years and she has been implicated in this case for ulterior purposes. Heard the learned counsel for the petitioner no.2 and the State. The petitioner no.2 is apprehending her arrest in connection with Dariyapur P.S. Case No.81/2007 for the alleged offences registered under sections 304B and 201/34 of the Indian Penal Code. It is submitted on behalf of the 2 petitioners that the deceased is not the wife of petitioner no.1 and as such no offence under section 304B of the Indian Penal Code is sustainable against him. It is further submitted that during investigation, there is no material to substantiate the charge under section 304B of the Indian Penal Code. Considering the facts and circumstances of the case, let petitioner no.2 Sitali Kuwar, in the event of her arrest or surrender in connection with Dariyapur P.S. Case No.81/2007 within a period of four weeks from today, be enlarged 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, Saran at Chapra, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)