IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16346 of 2009 SARO DEVI Versus STATE OF BIHAR ----------- 3 25.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 302 and 328 of Indian Penal Code. The allegation as per the F.I.R is that the son of the informant was poisoned to death by his wife with the assistance of two other accuseds of the village with whom the petitioner had developed illicit physical relationship and, therefore, wanted to do away with the life of the deceased. It is contended that she is in custody since 13.9.2007. Learned counsel further submits that admittedly the case is based on circumstance as there is no direct evidence. The Viscera report is not on record to indicate that the deceased was, in fact, poisoned to death. The prayer for bail in the court below was made on diverse grounds including the ground that the trial is under way but not a single witness has been examined on behalf of the prosecution. Having regard to the facts appearing from the record, this court while declining her prayer for grant of bail observes/directs: Let the trial court take all steps to conclude the trial by examining all the prosecution witnesses on or before 30th November, 2009 failing which the Trial Court shall enlarge the 2 petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction. If the petitioner is granted bail in terms of the present order, the same shall carry following conditions: (i) One of the bailers will be own/close family member of the petitioner. (i) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )