IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24482 of 2009 BHINKA YADAV, S/O LATE REBAL YADAV, R/O VILLAGE-DHUDHANIYA, P.S.-CHANDRAMANDIH, DISTRICT-JAMUI. ……………PETITIONER. Versus THE STATE OF BIHAR ……………OPP. PARTY. ----------- 3 27.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 498A and 304(B) of the Indian Penal Code. From the order of the learned court below, it appears that the learned Sessions Judge has himself found that since the marriage was solemnized more than eight years back, section 304B of the I.P.C. will not be applicable in this case. He has also pointed out that as the dead body was not recovered, the case under sections 302 and 306 of the I.P.C. is not made out. Learned counsel for the State after going through the case diary submits that the materials have come during investigation to show that it was possible that the lady might have been escaped from the house in the night on allurement of someone and thereafter she might have disappeared. He submits that evidence shows the possibility that it may not all be a case of 2 murder and it may be a case of the lady fleeing away from the house with some paramour. Petitioner happens to be the father-in-law and aged about 70 years. He is in custody since 11.5.2009. Considering the above facts and circumstances and materials pointed out by learned counsel for the State, this application is allowed. Let petitioner Bhinka Yadav be enlarged 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 C.J.M., Jamui in connection with Chandramandih P.S. Case No. 6 of 2009 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. Arvind/ ( J. N. Singh, J.)