IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26407 of 2009 MD.MOIZUR RAHMAN @ MD.MOIN RAHMAN, Son of Late Mojibur Rahman, Resident of Village-Sakra Farid, P.S.-Sakra, Distt.-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 03. 07.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is a “Debar” and the deceased had been taken to the hospital and in course of treatment she died but in the hospital no effort was taken to record a dying declaration and the informant has implicated the petitioner on the basis of the oral dying declaration of the deceased whereas the marriage had taken place about six years ago, let the petitioner above named who has remained in custody since 19.05.2008 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 5th Additional Sessions Judge, Muzaffarpur in connection - 2 - with Sakra P.S. Case No. 21 of 2008 (S.Tr. No. 618 of 2008) 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)