IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8400 of 2010 NAVIN YADAV @ BINOD YADAV, S/o Kanhay Yadav. Versus THE STATE OF BIHAR ----------- 02. 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 328/34 of the Indian Penal Code. Taking into consideration the fact that the marriage had taken place about fifteen years ago and it is not a case under Section 304B of the Indian Penal Code and the informant has stated that when he reached the house of the present petitioner the accused persons were present at home and the post- mortem examination report does not opine to definite cause of death and the charge-sheet has been submitted under Section 306/34 of the Indian Penal Code, let the petitioner above named who is in custody since 04.11.2009 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, Banka in - 2 - connection with Banka (Barahat) P.S. Case No. 315 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 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 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. Vikash/- (Anjana Prakash, J.)