IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5239 of 2010 LAL BABU SINGH son of Ram Chandra Singh Versus STATE OF BIHAR ----------- 5/ 21.06.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 304-B, 201/34 of the Indian Penal Code. It has been submitted that this occurrence took place more than eight years after the marriage and, therefore, no case under section 304-B Indian Penal Code would be made out. Further submission is that even though the First Information Report was instituted under section 304-B Indian Penal Code but chargesheet was submitted under section 306 Indian Penal Code since it transpired during investigation that the deceased had consumed poison after altercation with the husband. In view of such, let the petitioner, above named, who is in custody since 11.11.2009, 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 Chief Judicial Magistrate, Samastipur, in connection with Sarairanjan P.S. Case No. 146 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 bailors 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 - 2 - 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. JA/- (Anjana Prakash, J.)