IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7160 of 2010 SURESH RAI, son of Late Brit Rai Versus THE STATE OF BIHAR ----------- 2/ 04.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 498-A, 304-B/34 of the Indian Penal Code. Initially, a belated complaint was instituted which was sent for investigation under section 156(3) Cr. P. C. and when the complainant/informant was examined in Sessions Trial No.205 of 2004, he resiled from his earlier statement and said that, in fact, the deceased died on account of diarrhoea. Under the circumstances, let the petitioner, above named, who is in custody since 25.7.2009, 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 Chief Judicial Magistrate, Patna City, in connection with Malsalami P.S. case no.43 of 2003, 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,(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. JA/- (Anjana Prakash, J.)