IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33221 of 2009 VIKASH CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 17.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is the husband, is in custody in a Police case under Sections 304B, 201 of the Penal Code. The submission is of death due to suicide when the marriage was more than seven years old. Reliance is placed upon the statement of the mother of the deceased in paragraph 7 of the case diary that the deceased had eight year old son. The case diary has not been called for by this Court. No purpose shall be served by holding up the proceedings for that reason. In view of the emphatic submission on behalf of the petitioner, this Court directs that the court below shall verify from paragraph 7 of the case diary with regard to the submission made before this Court as noticed above. In that event, it shall proceed to enlarge the petitioner abovenamed on bail on furnishing bail bonds of Rs. 20,000/-(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Tekari P.S. Case No. 134 of 2008. In the alternative, if the submission be not corroborated by the case diary, the application shall be deemed to have been rejected. AKS/ (Navin Sinha, J.)