IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10963 of 2010 SANJAY MANDAL @ SANJAY KUMAR MANDAL, SON OF SRI SINGHESHWAR MANDAL (HUSBAND) Versus STATE OF BIHAR ----------- 6. 28.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act. Even though in the First Information Report, the allegation against the petitioner and the other family members is to commit murder of the daughter of the Informant for ends of dowry but during investigation, the post mortem examination reveals that death was on account of hanging and suicidal in nature. The submission is that the marriage had taken more than eight years ago and it is not a case of 304B I.P.C. which would attract presumption against the accused persons. In view of such, let the petitioner above named, 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, Distt. Katihar, in Falka (Pothia) P.S. Case No. 15 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 2 genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in 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. S.Ali ( Anjana Prakash, J.)