IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21304 of 2010 MOJAKIR HUSSAIN, S/o Baseer Ahmad. Versus THE STATE OF BIHAR ----------- 02. 28.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 304B/34 of the Indian Penal Code. The prosecution case is that the deceased was done to death by her in-laws for reasons of non- fulfilment of dowry. However, during investigation it transpired that the deceased had been found lying injured near the railway track upon which she was taken to the hospital for treatment by the petitioner and after her death a UD case was instituted by the petitioner for the said occurrence thereafter the present case has been instituted with trumped charges. The submission is that had the intention been to kill the deceased no efforts would have been taken by the petitioner to save her life. In view of such, let the petitioner, above named who is in custody since 09.03.2010 be released on bail on furnishing bail bond of Rs. 2 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in connection with Sikta P.S. Case No. 33 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. Vikash/- (Anjana Prakash, J.)