IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13089 of 2010 PANKAJ KUMAR MANDAL @ PANKAJ KUMAR SON OF YOGENDRA MANDAL Versus STATE OF BIHAR ----------- 3. 23.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 304B/34 of the Indian Penal Code. In the first information report the allegation against the petitioner is that he along with other family members had committed the murder of the niece of the informant for ends of dowry. However, during investigation it transpired that it was a case of love marriage between the petitioner and the deceased and there was no question of any demand of dowry and, therefore, charge sheet was submitted u/ss. 302 and 201 I.P.C. The submission is that since it is no longer a case u/s.304B I.P.C., there is no question of any presumption against the in-laws of the deceased and there being no eye witness to the occurrence no assumption can be invoked that the petitioner being the husband is responsible for the murder of the deceased. In view of such, let the petitioner above named, who is in custody since 27.7.2009, 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 Chief Judicial Magistrate, Katihar - 2 - in Dandkhora P.S.case No.39 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 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. Narendra/ ( Anjana Prakash, J. )