IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12470 of 2010 UMESH MANDAL, SON OF RAMTAHAL MANDAL Versus THE STATE OF BIHAR ----------- 2. 22/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304B and 34 of the Indian Penal Code. The prosecution case is that the daughter of the Informant was married one year ago to co-accused Arjun Mandal but he was started demanding a motorcycle as dowry. On 14.7.2008, he got information that his daughter was lying in an injured condition in the hospital at which he came there where he was told by the deceased that in fact, the husband had set her ablaze on the orders of the father-in-law and the sister-in-law and the mother-in-law assisted. The deceased is said to have died on the same night at 11.30 P.M. The present First Information Report was instituted after her death and there is no explanation as to why when she had been admitted in the hospital before her death, no report was made during her life time. The submission is that the oral dying declaration is completely concocted and not believable and there is no allegation against the petitioner who is the brother-in-law of the deceased. In view of such, let the petitioner above named, who is in custody since 17.2.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in Industrial P.S. Case No. 50 of 2008 subject to the following 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 bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii)That the petitioner will give an undertaking that he will 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. S.Ali (Anjana Prakash, J.)