IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10309 of 2008 KUSMI DEVI @ KUSHAMI DEVI Versus STATE OF BIHAR For the petitioner : Mr. Rashid Izhar, Advocate. For the State : Mr. Arun Kumar Singh-I, APP ----------- 7 14.01.2009 Heard both sides. The petitioner seeks bail in a case instituted under various sections of Indian Penal Code including sections 302/34 of Indian Penal Code. As per allegation in the F.I.R., the petitioner along with two male members assaulted the father of the informant resulting in his death. Counsel for the petitioner, referring to the averments made in the F.I.R., states that the petitioner has been assigned a danda in her hand. The post mortem report has been annexed as Annexure-2. From perusal of the said report, it appears that the deceased received one incised wound on the right parietal region. Besides that injury, there is one injury which is swelling of right fore arm. It has further been submitted that she is in custody since 22.8.2007. Counsel for the petitioner further highlighted that a bare perusal of the F.I.R. would show that there was a bona fide land dispute between the parties which punctuated the present occurrence. In the facts and circumstances this Court is inclined to admit the petitioner to bail. Let petitioner abovenamed be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of learned Fast Track Court No. III, Gaya in connection with Gurua P.S. case no. 40/2000(Sessions Trial No. 212/2007) subject to the condition that one of the bailers will be own family members. pkj (Kishore K. Mandal, J)