IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.481 of 2010 NIRAJ KUMAR SAH @ NIRAJ SAH son of Gopal Sah Versus STATE OF BIHAR ----------- 3/ 13.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/201 of the Indian Penal Code. Prosecution case is that in-laws of the daughter of the informant committed murder of the deceased upon which a case under section 306/34 Indian Penal Code was instituted. Subsequently, during investigation it transpired that the petitioner, who was the husband of the deceased, was a drunkard in course of which there was quarrel between the spouses and his own family members stated that the petitioner had strangulated his wife to death due to which the police submitted charge sheet under section 302/201 Indian Penal Code. However, the post mortem report shows no ligature mark on the neck of the deceased and there was froth coming out from the nose and mouth suggesting that it could be a case of poisoning. The final viscera report has not been received as yet. In view of such, let the petitioner, above named, who is in custody since 28.7.2009, 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 the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. case no.85 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 - 2 - petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, and (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. JA/- (Anjana Prakash, J.)