IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34514 of 2009 MD.EKHLAQUE S/O LATE ZAKIR, RESIDENT OF VILLAGE MACHHAILA, TOLA BHEBHRA, P.S. MAHALGAON (JOKIHAT), DISTRICT ARARIA … PETITIONER Versus STATE OF BIHAR ----------- 2. 13.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120B/34 of the Indian Penal Code. Taking into consideration the fact that the marriage had taken place about ten years ago and it is not a case under Section 304B I.P.C. but 302/120B I.P.C. and there is no direct evidence against the petitioner apart from the fact that he is the husband of the deceased, let the petitioner above named, who is in custody since 18.4.2009, 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 C.J.M., Araria in Jokihat (Mahalgaon) P.S.case No.64 of 2009 G.R.No.669 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and (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 - 2 - and delays the trial in any manner then his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )