IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8216 of 2010 BIJLI DEVI Versus STATE OF BIHAR ----------- 2 16.4.2010 Heard the parties. Petitioner apprehends her arrest in connection with Jogbani (Bathnaha) P.S. case No. 98 of 2009 dated 25.11.2009 originally registered under sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code but subsequently section 302 of the Indian penal was also added. It is submitted by the learned counsel for the petitioner that petitioner is a lady aged about 55 years and according to the prosecution case main allegation of assault is against co-accused Shankar Roy, the husband of the petitioner, who has been granted regular bail by this Court. He further submits that there is general and omnibus allegation against the petitioner and few other accused persons, but even according to the prosecution case neither offence under section 307 nor offence under section 302 I.P.C. is attracted against her. Learned counsel for the State and the informant have opposed the prayer for anticipatory bail but have fairly conceded that specific allegation of assault is not against the petitioner save and except that she was armed with lathi and is alleged to have assaulted the sons of the deceased. Taking into consideration that petitioner is a lady of advanced age and there is no specific allegation of assault against her to the deceased, let the above named petitioner in the event of her arrest or surrender in the court below 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 like - 2 - amount each to the satisfaction of C.J.M, Araria in connection with the above noted case, subject to the conditions laid down under section 438(2)Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman