IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6531 of 2010 DILIP SHARMA son of Shri Kamli Sharma @ Kamleshwari Sharma, resident of village Kumharso, Police Station Gardhpura, District Begusara, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Ajay Kumar Ambastha and Mrs. Sudha Kumar, Advocates For the State : Mr. R.P.S.Singh, APP ----------- 4 22.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 364 and 365/34 of the Indian Penal Code. Initially, a complaint case was lodged, however, the same was sent for investigation to the police. Substance of allegation, as set up in the complaint case, is that the daughter of the informant, who was married with the brother of the present petitioner, is missing and it has been alleged that all the accused persons including this petitioner have connived and killed her. Learned counsel for the petitioner submitted that marriage had taken place about 14 years back and the lady had gone at her own will. Further, learned counsel for the petitioner drew attention of this Court towards the fact that 2 the complaint case itself was filed after a delay of about 24 days. It is stated that the petitioner, who happens to be the brother-in-law of the victim lady, is in custody since 04.07.2009 and co-accused Kami Sharma alias Kamlesri Sharma (father-in-law) Majiya Devi (mother-in-law) as well as Upendra Sharma (brother-in-law) have already been granted bail by this Court vide order dated 18.11.2009 passed in Cr. Misc. No. 38413 of 2009 and order dated 26.02.2010 passed in Cr. Misc. No. 4644 of 2010, respectively. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, DILIP SHARMA, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge (FTC-III), Begusarai in Gardhpura Police Station Case No. 52/08 (S.T. No. 2/10) with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall remain present on each and every date during the course of the trial 3 and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)