IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6061 of 2010 SIKALI @ SIKLI DEVI, W/O EMIRTI SAHANI Versus STATE OF BIHAR **** /3/ 05.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 379/34 of the Indian Penal Code. 3. Before institution of the present case, the petitioner had instituted a first information report alleging therein that the deceased had trespassed into her house and attempted to commit rape, but, he was surrounded and variously assaulted due to which he succumbed to his injuries. Thereafter, the present case was instituted alleging therein that the present petitioner and other co-accused persons of the village variously assaulted him. However, in view of the counter version of the occurrence as also the fact that there is no specific overt act against the petitioner, let the petitioner, above named, who is a lady and is in custody since 14.11.2008 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Session's Trial No. 585 of 2009 arising out of Pipra P.S. Case No. 164 of 2008 to the satisfaction of the Additional District Judge, VII, Motihari, East 2 Champaran, on 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 and (ii) 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 then her bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)