IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5853 of 2009 CHANDAN SAH Versus STATE OF BIHAR ----------- 5 2.7.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner who happens to be husband has been in judicial custody since 6.7.2008 in relation to Cheria Bariarpur P.S. Case No. 101 of 2008 which was registered under sections 498A, 304B/201 of the Indian Penal Code. Allegation in the FIR which was lodged by the uncle of the victim, is that the wife of the petitioner and children has gone missing and it is stated that the petitioner may have been instrumental in killing and disappearance of body as certain demand of dowry used to be made. Submission of learned counsel for the petitioner is that it is only an allegation on suspicion and nothing has emerged with regard to the fact that the wife of the petitioner has actually been killed and her body is traceless till date. In that circumstance keeping the petitioner in judicial custody is unfair without any positive or substantive evidence. Looking at the allegation in the FIR and the material, let the petitioner, namely, Chandan Sah be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Cheria - 2 - Bariarpur P.S. Case No. 101 of 2008. One of the sureties will be executed by the father of the petitioner with a direction that the petitioner will cooperate in the trial of the case and shall not abscond. RPS (Ajay Kumar Tripathi,J.)