IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1089 of 2009 ANITA KUNWAR WIFE OF LATE RAM ASHISH SINGH RESIDENT OF VILLAGE BAVRAI,P.S.CHAINPUR,DISTT.KAIMUR(BHABHUA) Versus STATE OF BIHAR For the petitioner : Mr.Rajesh Kumar, Advocate ----------- 5/ 25.8.2009 Heard learned counsel for the parties. The petitioner seeks bail in Durgawati P.S.Case No. 54 of 2005 which has been registered against unknown for offence under Section 302/34 of the Indian Penal Code. The first information report has been registered after recovery of dead body of an unknown. Near the dead body, one driving licence containing name of Ramashish Patel was found. In course of investigation, the petitioner’s name also came along with a number of persons. Learned counsel for the petitioner has submitted that at best the evidence against the petitioner is of conspiracy. The petitioner is a lady. Further submission is that with regard to an occurrence of 3.6.2005, the petitioner had filed a complaint on 17.8.2005 for offences under Sections 366,364,376,380, 302/34 and 201 of the Indian Penal Code against Dular Singh and Santosh Kumar Singh and in view of the statements contained in that complaint, the case of the petitioner is ruled out. It is also stated that the petitioner is not the assailant of the deceased and evenif the entire allegations are taken to be true, at best she may be conspirator. In course of investigation, the daughter of the deceased has been examined in paragraph 112 of the 2 case diary in which she has stated that her mother namely, the petitioner, was carrying on affairs with some other accused persons and that has resulted into killing of her father. The prayer for bail of many co-accused namely, Subhash Sah, Jagat Narayan Singh and Rajesh Sah has been rejected by different orders of this Court and the petitioner being the wife of the deceased has been named in this case by her daughter herself. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, her prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)