IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39738 of 2009 SHOBHA DEVI WIFE OF DUKHA SAH @ HARI SHANKAR SAH RESIDENT OF VILLAGE MATH MAJHARIA, P.S. GAUNAHA, DISTT. WEST CHAMPARAN. ------- PETITIONER. Versus STATE OF BIHAR ----------- 2. 26/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 302 read with Section 34 of the Indian Penal Code. Petitioner is a lady and it is said that with two minor children she is in judicial custody since 22.12.2008. As per the F.I.R., the petitioner and her deceased younger brother-in-law, on account of illicit relationship and frustration, decided to consume poison together. However, the deceased died but the petitioner survived. The wife of the deceased lodged the F.I.R. against the petitioner alleging her of having administered poison to the deceased. Considering the above facts and circumstances of the case particularly the fact that the petitioner has two minor children with her and she is in judicial custody since eleven months, this application is allowed. Let petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, in connection with Gaunaha P.S. Case No. 48 of 2008 with conditions as laid down in sub-section (3) of Section 437 of 2 the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. S.Ali (J.N. Singh, J.)