IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1778 of 2010 PAWAN KUMAR, son of Rameshwar Singh Versus STATE OF BIHAR ----------- 3/ 12.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 304-B, 201/34 of the Indian Penal Code. The informant has alleged that his daughter was married to the petitioner on 19.5.2002, whereas, the occurrence took place on 29.5.2009 i.e. beyond seven years and, therefore, the case would not lie under section304-B of the Indian Penal Code. The allegation in the First Information Report is that the informant learnt from his younger son-in-law that the petitioner had informed him that the deceased was very ill and was being taken to Motihari Hospital. There is material to suggest that in fact, repeatedly the deceased had been treated by her in-laws and in all probability, the death had taken place on account of illness. In view of such, let the petitioner, above named, who is in custody since 14.8.2009, 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, Motihari, in connection with Kalyanpur (Motihari) P.S. case no. 56 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, (ii)that the petitioner will give an undertaking that he will receive the police papers on the given - 2 - 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.)