IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12803 of 2010 JITENDRA KUMAR SINGH @ JITENDRA KR.SINGH Versus STATE OF BIHAR ----------- 3 01.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Khaira P.S. No. 152 of 2007 for offences punishable under Sections 304(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the marriage in the present case took place in the year 2002 and the couple had two children from the marriage and the second one was born in February, 2007 and was an infant at the time of occurrence and thus the allegation set out against the petitioner is not correct. Learned counsel further submits that a perusal of the allegation as set out in the complaint petition which was subsequently registered as an F.I.R. under provisions of Section 156(3) of the Code of Criminal Procedure, shows that no allegation of assault has been set out against this petitioner who admittedly is the husband of the deceased. He further relies upon the statement of the deceased said to have been 2 given prior to her death and in which she has stated that it was a case of accidental fire. Learned counsel thus submits that despite these circumstances the petitioner has remained in custody since 31.1.2010. Taking into consideration the circumstances and the submissions of the learned counsel, let the petitioner namely, Jitendra Kumar Singh @ Jitendra Kr. Singh be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Khaira P.S. case No. 152 of 2007 subject to the condition that the petitioner would accept the police papers without causing any unnecessary delay and would be present on the date fixed for charge. If the petitioner is not present on two such given dates and tries to delay the trial in any manner the Court below would be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody. Bibhash ( Jyoti Saran, J.)