IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36946 of 2009 KAILASH MAHTO SON OF PRASADI MAHTO, RESIDENT OF VILLAGE PANCHOPUR, P.S. ROSERA, DISTRICT SAMASTIPUR … PETITIONER Versus STATE OF BIHAR ----------- 2. 30.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code. Taking into consideration the fact that in the complaint itself it has been stated that the deceased had been removed to the hospital and the submission is that the intention evidently was not to kill her and she died due to illness and the present case was instituted after eleven days of the occurrence, let the petitioner above named, who is in custody since 20.11.2008, 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 Additional Sessions Judge, F.T.C. No.1, Samastipur in S.T.No.399 of 2009 arising out of Rosera P.S.case No.120 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 and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and - 2 - 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. Narendra/ ( Anjana Prakash, J. )