IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44012 of 2009 MANGAL SAHANI S/O LATE RAJO SAHNI R/O VILL.- BUDH NAGAR, P.S.- MUSHARI, DISTT.- MUZAFFARPUR ……… PETITIONER Versus THE STATE OF BIHAR ………. OPP.PARTY ----------- 3. 26/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 304(b) and 328 read with 34 of the Indian Penal Code. Petitioner happens to be father-in-law of the deceased lady. Learned counsel for the petitioner submits that due to some misconception informant has lodged this case and when she came to know the real fact that the deceased herself had taken poison and as soon as her family members came to know, she was rushed to the hospital where she died, she (informant) filed a petition before learned Chief Judicial Magistrate, Muzaffarpur on 6.3.2009 stating that under some false impression she had filed the case. A copy of the said petition filed by the informant has been annexed with this application as Annexure- 2. This Court directs learned Chief Judicial Magistrate, Muzaffarpur/ court concerned to - 2 - direct for appearance of the informant in person in court and verify in respect of correctness of the petition filed by her. In case, informant supports her version made in the petition dated 6.3.2009, the court shall allow the petitioner on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Mushari P.S.Case No.105 of 2008 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Let this order be communicated to the court below through Fax at the cost of the petitioner. Pradeep/ (J. N. Singh, J.)