IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22416 of 2008 RAJESHWARI DEVI, WIFE OF SHRI HARI BILASH SINGH, RESIDENT OF VILLAGE-MASUD BIGHA, P.S. BARH, DISTRICT-PATNA. ……………………….PETITIONER Versus THE STATE OF BIHAR, OPPOSITE PARTY. ----------- 6. 25.11.08. Heard learned counsel for the petitioner and the State. Petitioner is an accused in connection with Barh P.S. Case No. 260/05 for offence under Section 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that although there is allegation against all the accused persons including the petitioner that they burnt the sister of the informant. However, during investigation , the Investigation Officer after examination of several witnesses could not collect single evidence against the petitioner in the alleged offence. Even though on the same set of evidence collected during course of investigation, some of the accused who were also the family members, the Investigating Agency submitted Final Form against them but so far as the petitioner is concerned, Charge Sheet was submitted which is wholly arbitrary, illegal and unjustified. Learned A.P.P. for the State submits that on perusal of the Case Diary that some of the witnesses have stated that the deceased herself burnt her as she used to remain in depression for not having any issue even after a lapse of four years of marriage. Considering the facts and circumstance of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner namely, Rajeshwari Devi, shall be - 2 - released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, in connection with Barh P.S.Case No. 260/05, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)