IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43348 of 2008 AKHTARI KHATOON Versus STATE OF BIHAR ----------- 3. 13.1.2009 Heard. The petitioner is in custody in a case under section 302/34 and 498 of the Indian Penal Code. The prosecution story is that the petitioner was the first wife of accused Md. Firoz who married daughter of the informant but inspite of that the deceased was not allowed to live with the husband but subsequently she was brought back. As regard the present petitioner, it is alleged that she was instigating and pressurizing her husband to give up the deceased lady. Accordingly the husband came all of a sudden from a place in Uttar Pradesh, took the deceased to a orchard and strangulated her to death. Contention is that the petitioner did not do any act of killing the deceased and further that the facts may not be sufficient to her. Learned Additional P.P. has submitted that it was this petitioner who had instigated 2 her husband to eliminate the deceased and accordingly the petitioner could not escape the responsibility. Regard being had to the fact that the petitioner was merely instigating her husband to commit the offence and in fact the petitioner did not move out of her house during the fateful night, let the petitioner Akhtari Khatoon be released from custody on her furnishing bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Darbhanga in S.T.no.56 of 2008 (arising out of Ganshyampur P.S. case no. 185 of 2007). (Dharnidhar Jha,J.) AI