IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3629 of 2010 LUKHIYA DEVI, WIFE OF PAREKHAN MAHTO Versus STATE OF BIHAR ----------- 3 05/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code. Initially on 3.6.2009, the dead body of the son of the Informant was recovered and a U.D. case No. 6 of 2009 dated 4.6.2009 was instituted wherein the witnesses stated that the deceased had died due to snake bite. On 1.9.2009 i.e. three months later, the present case was instituted by way of a complaint by the mother of the deceased alleging therein that in fact it is the petitioner who had murdered the boy since he had been seen in her company just before the occurrence. Taking into consideration the fact that it is a belated complaint and the petitioner is a lady and is in custody since 15.11.2009, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Distt. Samastipur, in connection with Bibhutipur P.S. Case No. 231 of 2009 subject to the following 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. (ii)That the petitioner will give an undertaking that he will receive the police - 2 - papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)