IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3539 of 2010 SUNIL SINGH son of Gupteshwar Singh, resident of village-Bhelura, Rampur, P.S.Janipur, Dist.-Patna. Versus STATE OF BIHAR ----------- 3. 16.3.2010. Heard Mr. S.Parasmani, learned counsel for the petitioner and learned APP for the State. The petitioner, who is husband of the deceased , is in custody in connection with Phulwarishariff P.S. Case No.9 of 2009 for the offences registered under sections 498A, 304B and 201/34 of the Indian Penal Code. In this case after investigation charge sheet was submitted under sections 304B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in jail only because of the fact that he is husband of the deceased. He further submits that death of his wife had occurred due to diarrhoea and the petitioner is in custody since 5th January, 2009. He also submits that till date even commitment order has not been passed. Learned counsel for the State opposes the prayer for bail. He by referring the case diary submits that the dead body was not sent for postmortem and it is sufficient to indicate that the petitioner has murdered his wife and thereafter disposed of her dead body. Without going into the merit of the case, since the petitioner is in custody from 5.1.2009 and no commitment order has been passed till date, let the petitioner above named be 2 released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarishariff (Janipur)P.S. Case No.9 of 2009 with a condition that he shall remain present before the court below on each and every date failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can file a petition before the court below for prior permission for his non-appearance on a particular date and if such a petition is filed the court below may examine such prayer on its own merit. Md.S. ( Rakesh Kumar, J.)