IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33805 of 2009 NIRMAL YADAV, S/o Raju Yadav, Resident of Village- Bakia Dumar, P.S.-Pothia (Falka), Distt.-Katihar. Versus THE STATE OF BIHAR ----------- 02. 08.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. Taking into consideration the fact that even though the petitioner is the husband but it is not a case under Section 304B as also the fact that there is material to suggest that it was a case of suicide and no definite cause of death could be given in the post- mortem examination report, let the petitioner above named who is in custody since 03.02.2009 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 in connection with Falka (Pothia) P.S. Case No. 186 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit - 2 - giving genealogy as to how he is related with the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)