IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11637 of 2010 DARBILAL SINGH, son of Jhagaru Singh Versus STATE OF BIHAR ----------- 2/ 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364/34 of the Indian Penal Code. Allegation against the petitioner is that he and his family members committed murder of his wife. However, chargesheet was submitted under section 364 Indian Penal Code. When trial proceeded, five witnesses were examined, who all stated that in fact, the wife of the petitioner had eloped with someone else and living happily with that person. The submission is that in the facts of the case no offence under section 364 of the Indian Penal Code is made out. In view of such, let the petitioner, above named, who is in custody since 19.9.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum- Fast Track Court No.5, Khagaria, in connection with Chautham P.S. Case no.132 of 2005 (S.C. No.366 of 2009), 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, and (ii) 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. JA/- (Anjana Prakash, J.)