IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16080 of 2010 KANTI DEVI WIFE OF NIRBHAY CHAND RAM Versus STATE OF BIHAR ----------- 2. 17.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 337/34 and 302 of the Indian Penal Code. The petitioner was denied anticipatory bail up to the Apex Court, but now she is in custody since 10.2.2010. Considering that there is a counter version of the occurrence and there is no specific overt-act against the petitioner, who is a lady, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in Deep Nagar P.S.case No.108 of 2006, 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 he is he shall not be released on bail, (iii) 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 - 2 - 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. )