In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.22084 of 2008 ..... Date of decision:7.1.2009 Prem Shila .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Gorakh Nath, Advocate for the petitioner. Mr. P.S. Sidhu, Additional Advocate General, Punjab for the respondent-State. ...... S.S. Saron, J. Heard learned counsel for the parties. The petitioner Prem Shila seeks regular bail pending trial in a case registered against her and her husband Ajay Kumar Singh for the offence punishable under Section 302 read with Section 34 IPC. The FIR in the case has been registered on the statement of the complainant-Munna Yadav, the brother of the deceased Ram Narayan. It has been alleged by the complainant-Munna Yadav that his brother earlier used to reside in the house of his uncle Ram Shankar where opposite his house the house of Ajay Kumar Singh (accused) was situated and his wife Prem Shila (petitioner) was having illicit relations with Ram Narayan (deceased). On the day of the occurrence i.e. 19.6.2007 at about 1.00 a.m. when Ram Narayan, the brother of the complainant did not return, he went to the house of his uncle Ram Shankar. When he reached there and knocked at the main gate, he saw that the gate of the house of Ajay Kumar Cr. Misc.-M No.22084 of 2008 [2] Singh (accused) was open. On reaching the gate, he heard shrieks and noticed that in the front room of Ajay Kumar Singh, who was armed with a stone and his wife Prem Shila (petitioner) armed with an iron pipe were beating Ram Narayan, the brother of the complainant. The complainant raised noise then Ajay Kumar Singh hurled stone on the head of Ram Narayan and Prem Shila (petitioner) gave blow with the iron rod on the head of Ram Narayan. Ram Narayan fell down. It may be noticed that the allegations in the FIR are that the petitioner was having illicit relations with Ram Narayan (deceased). Therefore, at this stage it cannot be said whether she had motive to commit the murder of Ram Narayan. The application seeking regular bail on behalf of Ajay Kumar Singh, the husband of the petitioner has been dismissed as withdrawn. In the circumstances, the criminal miscellaneous petition is allowed and the petitioner Prem Shila on her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana shall be admitted to bail. January 7, 2009. (S.S. Saron) Judge *hsp*