IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4793 of 2010 1. NANHAK SAH @ NANHAKU SAH @ NANK SAH SON OF LATE JAGDEO SAH 2. KRISHN NANDAN SAH @ KRISHNANANDAN SAH S/O NANHAK SAH Versus STATE OF BIHAR ----------- 3. 20.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 304B/34 of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The petitioner no.1 is the father-in-law and the petitioner no.2 is the husband of the deceased, who were charged with having committed the murder of the deceased for reasons of non-fulfilment of demands of dowry. However, now the informant has resiled from the earlier statement and has filed a petition in the court below dated 16.6.2009 resiling from his earlier statement and stating therein that in fact his daughter had died on account of accidental fire. In view of such, let the petitioners above named, who are in custody since 29.6.2009 and 20.7.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sheohar at Sitamarhi in Shyampur Bhataha P.S.case No.77 of 2008, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will - 2 - give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners and (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The Magistrate concerned before releasing the petitioners on bail will notice the informant and confirm the fact that he had filed a petition before the court below on 16.6.2009 voluntarily and not under coercion. Narendra/ ( Anjana Prakash, J. )