IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19069 of 2011 Sunil Paswan, son of Kalicharan Paswan Versus The State Of Bihar ---------------------------------- 3. 22.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code. It has been submitted that the marriage of the petitioner with the deceased had taken place about 6-7 years ago and there was a child aged about three years and in this background it is submitted that the allegation that the deceased was tortured for demand of dowry appears to be untenable. Further submission is that during investigation it transpired that the deceased used to have quarrels with her sister-in-law on account of which this occurrence had taken place. In this background also, since it does not appear to be a case under Section 304B of the Indian Penal Code, the presumption against the petitioner who is the husband of the deceased should not be drawn and he deserves bail in absence of any direct material against him. Considering the same, 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 concerned to the satisfaction of Chief Judicial Magistrate, Gaya, in 2 connection with Atri P.S. Case No. 35 of 2008 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. (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. S.Ali ( Anjana Prakash, J.)