IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15009 of 2011 Neelam Devi, Wife of Awadhesh Kumar Singh, Resident of Village Majhaulia Estate, P.S. Bathnaha, District Sitamarhi. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------- 03/- 24/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 55 dated 28/12/2010. The petitioner apprehending her arrest in connection with a case registered for the offence punishable under Sections 376, 302, 120(B)/34 of the Indian Penal Code, is one of the named accused in this case with allegation of having some grudge against deceased daughter of the informant, who subsequently, sexually assaulted and run to death. Submission is that except being mother of co- accused, Bimlendu Singh against whom along with other male co-accused major allegation is levelled, there is absolutely nothing specific against this lady petitioner. Considering the facts and circumstances of the case, in the event of her arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha P.S. Case No. 132 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till appearance/apprehension of co-accused, Bimlendu Singh (non-petitioner) and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)