IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4899 of 2010 ASHISH RANJAN @ CHINTU KUMAR, SON OF LATE KASHI NATH SINGH Versus STATE OF BIHAR ----------- 2. 22/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 498A, 304-B/34 of the Indian Penal Code. It has been submitted that on 4.10.2008, the deceased made statement before the Officer-in-Charge Siwan Town P.S., while in Sadar Hospital, Siwan, to this effect, that she had been accidentally burnt. Thereafter, on 22.10.2008, the deceased gave another statement in the Appollo Burn Hospital, Patna, specifically alleging that it is her in-laws who had burnt her to death. However, no effort was taken to record her statement by a Magistrate. Thereafter when the deceased died on 26.10.2008, the father of the deceased filed the present First Information Report alleging that it is the in-laws who had done the deceased to death. It is not explainable as to why a case was not instituted when the deceased had given her statement incriminating her in- laws. In the aforesaid circumstances, let the petitioner above named, who is in custody since 22.5.2009, 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 Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil - 2 - P.S. Case No. 26 of 2009 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. (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.)