IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9257 of 2010 AWADHESH PASWAN s/o Late Bindeshwar Paswan Versus STATE OF BIHAR ----------- 3/ 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code. The prosecution case is that the daughter of the informant was married with the present petitioner about fifteen years ago and there was harmonious relationship between the two. However, on the date of occurrence, the husband and wife quarreled with each other and in fit of anger the petitioner assaulted his wife with iron rod due to which she died. Submission is that in facts of the case it is not a case under section 302 Indian Penal Code and the petitioner is in custody since 22.7.2008 and even though charges have been framed on 25.11.2008, no witness has turned up till date. In view of such, let the petitioner, above named, 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 F.T.C.III, Gaya, in connection with S. Tr. No.257of 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. 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 be well represented on each - 2 - date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)