IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.92 of 2010 ANITA DEVI WIFE OF SHAMBHU SINGH Versus STATE OF BIHAR ----------- 4. 19.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 302 and 120B of the Indian Penal Code. The prosecution case is that the petitioner and her husband offered a lemon to the deceased, after which he felt sick and died sometime later. The allegation was that the petitioner had done so for reasons of some family dispute. On the last occasion the postmortem examination report was placed before this court, upon which the viscera report was called from the F.S.L., Patna, which reveals that thimet was detected in the viscera. However, considering that the petitioner is a lady and is in custody since 31.8.2009, let the petitioner above named 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 C.J.M., Gaya in Fatehpur P.S.case No.150 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is she - 2 - shall not be released on bail, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )