IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34028 of 2010 SADHU PATEL @ RAJ KISHORE PATEL, son of Prahalad Patel Versus STATE OF BIHAR ----------- 2/ 06.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304(B), 201/120B/34 of the Indian Penal Code. It has been submitted that even though the First Information Report was instituted alleging therein that the accused have committed murder of the deceased for the demand of dowry, but during investigation, it transpired that it was a case of kidnapping, and therefore, chargesheet was submitted under Sections 364 and 120B of the Indian Penal Code. Considering that it is not a case under Section 304(B) of the Indian Penal Code and a presumption against the so called deceased, let the petitioner above named, who is in custody since 16.06.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of the Chief 2 Judicial Magistrate, Bettiah, West Champaran in connection with Kangli P.S. Case No. 2 of 2010, 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. The bailor will undertake to furnish information to the court about any change in the 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, and (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Ashwini/ (Anjana Prakash, J.)