IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25176 of 2011 1. Md. Mukhtar, son of Late Md. Yaqub 2. Saidan Nisha, wife of Md. Yaqub 3. Satni Khatoon, wife of Md. Mukhtar All are resident of village – Kashipara, P.S. – Barsoi, District – Katihar. --- Petitioners. Versus The State of Bihar ------Opposite Party ****** For the Petitioners : Mr. Ajit Kumar Singh, Adv. For the State : Mr. Damodar Pd. Tiwary, APP **** 03. 19.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. All the three petitioners, apprehending their arrest in connection with Barsoi P.S. Case No. 45/2011 for offences under Section 498A of the Indian Penal Code and Section 304B was added, are named accused in this case. Submission is that petitioner no. 1 namely Md. Mukhtar has already been apprehended. Hence, prayer to his regard has become infructuous. Further, petitioner no. 2 Saidan Nisha, wife of Md. Yakub, is not at all named or required accused in this case which is instituted against four persons namely, Md. Mukhtar, Sunfaraj, Saidan, sons of Md. Yakub and Satni Khatoon, wife of Md. Mukhtar. Hence, prayer as regard to petitioner no. 2 is not maintainable. Accordingly, this application stands disposed of respectively becoming infructuous with respect to petitioner no. 1 namely, Mukhtar and not maintainable as regard to petitioner no. 2 Saidan Nisha. So far as petitioner no. 3 namely Satni Khatoon, wife of Md. Mukhtar, is concerned, though named, but carries general and omnibus allegation without any explanation of delay caused in lodging First Information Report. Moreover, the injuries sustained to the informant who died roughly 26 days after sustaining simple injuries. In view of the above, in the event of her arrest or surrender within a period of four weeks, let the petitioner no. 3 namely, Satni Khatoon, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. Case No. 45/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition with respect to petitioner no. 3 to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)