IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14729 of 2008 SAROJANI KUER Versus STATE OF BIHAR ----------- 3. 9.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in connection with Kudra P.S. Case No.38/2005 for the alleged offences registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not a named accused. However, during investigation her name has been implicated on the statement of some of the witnesses that this petitioner and the mother of the co-accused Ram Dayal Sah used to do some Tantrik work and Ram Dayal Sah had taken away the grandson of the Mohan Sah on the pretext of eating ice cream, who was later found dead. It is submitted that the police submitted chargesheet only against Ram Dayal Sah. However, the learned Chief Judicial Magistrate differed and took cognizance against the petitioner and as such she has reasonable apprehension of arrest. It is further submitted that the petitioner is more than 72 years old. 2 The learned APP on going through the case diary is not in a position to refute the submissions made on behalf of the petitioner. Considering the above, it is directed that the petitioner Sarojani Kuer, in the event of her arrest or surrender in connection with Kudra P.S. Case No.38/2005, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur (Bhabua), in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)