IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11568 of 2010 SAMIUR RAHMAN Versus THE STATE OF BIHAR ----------- 2. 15.4.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 304(B), 34 of the I.P.C.. The occurrence is said to have taken place on 12.1.2008 whereas the present FIR was instituted on 22.1.2008 after death of the petitioner’s wife during which period she remained in the hospital under treatment. The informant has stated that the deceased told him that she has been set on fire by her in laws including the present petitioner. The submission made by the petitioner is that the allegations are concocted as the informant did not approach the hospital authorities or the police for recording the dying declaration while the deceased was alive nor a case was instituted by the informant’s side which suggests that, in fact, no such occurrence took place. In view of such, let the petitioner who is in custody since 19.5.2008, be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of H.K.Singh 5th, Additional Sessions Judge, Muzaffarpur in Sakra Police Station Case No. 21 of 2008, subject to the conditions, (i) That one of the bailors will be a close relative - 2 - 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 the address of the petitioner and (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. MKchy ( Anjana Prakash, J. )