IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11770 of 2010 VIJAY KUMAR son of Bhola Kumar Versus THE STATE OF BIHAR ----------- 4/ 23.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 304-B, 201 Indian Penal Code in which subsequently chargesheet under section 302, 201/34 of the Indian Penal Code was submitted. In the First Information Report, allegation against the petitioner and other in-laws is that daughter of the informant was murdered by them for ends of dowry. However, during investigation number of witnesses stated that the deceased herself committed suicide. It also transpired that the marriage had taken place more than eight years ago and, therefore, chargesheet was submitted under section 302, 201 Indian Penal Code. Submission is that since the chargesheet has now been submitted under section 304-B Indian Penal Code question of presumption would not arise against in-laws and general allegation without any corroboration has no meaning. In view of such, 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 the Additional Chief Judicial Magistrate, Nuagachia, Bhagalpur, in connection with Naugachia (Parbatta) P.S. Case No. 188 of 2006, subject to the conditions (i)That one of the bailors will be a close - 2 - relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about 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, (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)