IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3116 of 2010 PAWAN KUMAR SINGH @ KAILASH SINGH @ JAILASH SINGH son of Puran Singh Versus STATE OF BIHAR ----------- 4/ 09.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 304-B of the Indian Penal Code. In the First Information Report, allegation was that the petitioner along with the family members had committed the murder of deceased for ends of dowry, but during investigation it transpired that the deceased was the second wife of the petitioner and there was marital discord between them on account of which this occurrence took place. Further submission is that in the facts and circumstances of the case no offence under section 304-B Indian Penal Code would be made out which would raise presumption against the in-laws of the deceased. In view of such, let the petitioner, above named, who is in custody since 16.6.2009, 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 Chief Judicial Magistrate, Purnea, in connection with Rupauli (Mohanpur) P.S. Case No. 21 of 2008, subject to the 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 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 - 2 - 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.)