IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33393 of 2009 RAKESH PANDEY, son of Bharat Pandey, resident of village-Harpur P.S.- Charpokhari in the District of Bhojpur. …….Petitioner Versus The State Of Bihar …….Opposite Party ----------- 03. 16.11.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. Charpokhari P.S. Case No. 138 of 2008 was initially registered under Section 302/201/34 of the Indian Penal Code. After investigation charge-sheet came to be submitted under Sections 498A and 306 of the Indian Penal Code. Learned counsel for the petitioner submits that even according to the evidence the marriage was affirmed almost ten to twelve years back and to that extent Section- 498 A has no application. So far as Section 306 is concerned, he submits that there is evidence to show that she did commit suicide but whether there are provocations of the kind as alleged due to dowry is yet another issue. The unexplained area in the investigation and even the son of the deceased has given a statement that the mother had commit suicide for the reasons unknown not indicate with the dowry or demand for dowry as such. 2 Looking at the materials and evidence, let the petitioner namely Rakesh Pandey be enlarged on bail on furnishing bail bond of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in Charpokhari P.S. Case No. 138 of 2008. One of the sureties will be executed by the close blood relation of the petitioner on due identification by the Court below. The petitioner will cooperate in the trial and appear on each and every date in person or through his counsel. Shageer (Ajay Kumar Tripathi, J)