IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25914 of 2011 Basanti Devi W/o Gurudayal Yadav Versus The State Of Bihar ----------- 3. 15.9.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 498A, 307/34, 304B of the Indian Penal Code and ¾ of the Dowry Prohibition Act. It has been submitted that there is no doubt that the deceased herself gave statement in dying declaration incriminating the petitioner but the same appears to be doubtful since even though it was said to have been recorded at the Hospital, there is no certificate of the doctor on the same. The further submission is that the deceased died 16 days after the occurrence and she is said to have conceded that it was the father-in-law, who was bearing the cost of her treatment. The independent witnesses stated that in fact the deceased had committed suicide on the account of the altercation which had taken place in between the parties as also that when the deceased was lying on a cot in an injured condition the in-laws were giving her first aid. Considering the aforesaid submissions, 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 or any other surety to be fixed by the court - 2 - concerned to the satisfaction of learned C.J.M., Banka in connection with Belhar P.S. Case No.42 of 2010, subject to the conditions (i) That one of the bailor 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 undertake to furnish information to the Court about any change in address of the petitioner, (ii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, (iii) That the petitioner will be well represented on each date if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )