IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40159 of 2009 SUNAINA DEVI, wife of Late Baleshwar Ram Versus THE STATE OF BIHAR ----------- 4/ 05.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 147, 148, 302, 201, 120-B of the Indian Penal Code. The petitioner reported the matter that her husband has been murdered by five accused persons. However, during investigation, it transpired that the petitioner had illicit relationship with a witness of the complaint and, therefore, the deceased in a fit of frustration had committed suicide on account of which chargesheet has been submitted under sections 306 and 201 of the Indian Penal Code. In view of the fact that there is no eye witness nor any cogent material to support the allegation, let the petitioner, above named, who is a lady, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Sahodara P.S. case no.28 of 2009, subject to the conditions (i)that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii)that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date - 2 - and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)