IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7175 of 2010 RAJIV KUMAR SON OF KHYALI RAI Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate For the State : Mr. Choubey Jawahar, A.P.P. For the Informant : Mr. Yogesh Chandra Verma, Sr. Advocate ---------- 3. 9.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 498A and 304B/34 of the Indian Penal Code. In the first information report the allegation is that the petitioner was married with the daughter of the informant about five years ago and there is a child out of the wedlock. Despite this the in-laws were harassing the deceased for dowry. On the date of occurrence the informant is said to have received a message from the deceased that she was messaging the last time. Soon thereafter the informant was called on telephone by the father of the present petitioner, who asked him to come to his house immediately. When the informant reached there he found his daughter dead. The submission of the Counsel is that there was a message received by the informant from the deceased saying that she was messaging the last time which suggests that it was, in fact, a case of suicide and objective evidence of the Mobile having been found near her dead body also confirms the same. However, considering that there is material to suggest - 2 - that it could be a case of suicide, let the petitioner above named, who is in custody since 16.4.2009, 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, Patna in Alamganj P.S.case No.93 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 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. )