IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10955 of 2010 RAJNI KANT @ RAJNI KANT PANDEY, S/o Brahmdeo @ Baldeo Pandey. Versus THE STATE OF BIHAR ----------- 03. 17.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The prosecution case is that the sister of the informant was married to the petitioner about fifteen years ago out of which marriage three children were also born. The informant alleged that there were constant quarrels in the domestic home of his sister and on the date of occurrence he learnt that the sister had been killed by her in-laws on account of such dispute. The submission is that there is no eye-witness to the occurrence and during investigation the co-villagers have also stated that in the middle of the night they learnt that the petitioner’s wife had committed suicide upon which they had gone the next morning and found her dead. The further submission is that it is a case under Section 302 and therefore the presumption clause would not apply to the in-laws and there being no eye-witness to the occurrence there appears to be only bald allegation 2 against the petitioner on account of him being the husband of the deceased. Moreover, the three children of the deceased have surprisingly not been examined during investigation which suggests the unfair investigation of the Investigating Officer. In view of such, let the petitioner, above named who is in custody since 16.09.2009 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir (Chhabilapur) P.S. Case No. 16 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police 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. Vikash/- (Anjana Prakash, J.)