JUDGMENT The petitioner is in custody in Crime No. 146/92 registered for the offences under sections 302 and 201 of IPC. The deceased Mst. Ratibai is stated to be the wife of the petitioner. She died on 1.10.1992 and the body was Set to funeral. On 6.10.1992, the Kotwar of the village lodged a report with the Police expressing suspicion on the death of Mst. Ratibai. The report was taken as marg and during the investigation of marg, a statement of witness, namely Kamal Singh was recorded by the Police. Kamal Singh claiming himself to be an eye-witness alleged that Mst. Ratibai was assaulted by means of lathiby the petitioner and she died. The incident of 1.10.92 was not narrated by him to anyone for the long eighteen days as his statement was recorded on 18.10.92 by the police. In the statement, the witness has stated that under fear, he did not narrate the incident to anyone. Without meaning to comment on the merits of the case at this stage and considering the silence of the witness, the application is allowed. The petitioner is directed to be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- (Rs. twenty thousand) with one surety in the like amount to the satisfaction of CJM, Gwalior.