IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5253 of 2009 MOSMAT KAULOTYA DEVI Versus STATE OF BIHAR ----------- 02/ 15.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 302/34 of the Penal Code and 6 of the Prevention of Witch Craft Act. Learned counsel for the petitioner submits that altogether there were three accused persons but charge-sheet was submitted only against Suresh Manjhi (husband of the petitioner) and not against other two accused including the petitioner. He further states that only when the said Suresh Manjhi died in the year 2008, the Magistrate has taken cognizance against the petitioner only because she happens to be the widow of the said Suresh Manjhi. He also avers that the entire allegation is false and frivolous and the petitioner is aged about more than sixty years. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, let the sole petitioner, namely, Mosmat Kaulotya be enlarged on bail on furnishing bail bonds of Rs.10,000.00 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial 2 Magistrate, Patna in connection with Gardanibagh P.S. Case No. 671/2001, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. MPS/ ( S. N. Hussain, J. )