IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14693 of 2009 1. RAJENDRA GOSWAMI 2. DEOBRAT GOSWAMI Versus STATE OF BIHAR ----------- 3. 13.07.2009 Heard counsel for the parties. The petitioners have approached this Court seeking bail in a case instituted under section 304-B/34 IPC. Petitioner no.1 is the father-in-law, whereas petitioner no.2 is the elder brother-in-law of the victim. As per allegations in the FIR, the inmates of the matrimonial home demanded dowry and for non- fulfillment thereof, the victim was done to death. The marriage in the present case took place within five years of marriage. From the records it appears that the deceased was found with deep ligature mark around her neck. Learned counsel for the petitioners submits that the victim committed suicide. It is further submitted that at the trial several witnesses have been examined, but they have not supported the prosecution case. It is also contended that efforts were made by the court to examine the informant, but he has not turned up in the case till date. It is next contended that there is evidence on record to suggest that the petitioners were living separately. - 2 - They are stated to be in custody since 21.08.2008. Having regard to the fact the petitioners are named accuseds in the case and that the trial is underway, their prayers for bail, therefore, stand rejected. However, this Court observes that the trial court shall make endeavour to conclude the same by examining all the prosecution witnesses on or before 30th of November,2009, failing which the trial court shall enlarge the petitioners on bail on their furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to its satisfaction (ADJ, Fast Track Court No. I, Bhagalpur) in connection with S.T.No.1246/2008, arising out of Sanhaulla P.S.Case No.73/2008, subject to the conditions that one of the bailors shall be their own/close family members and that they shall appear personally in the court below on every date fixed in the trial and in case of default, it will be open to the trial court to cancel their bail bonds. Let this order be communicated by fax, the cost of which, shall be deposited by the petitioners. hr ( Kishore K. Mandal )