IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6497 of 2010 MOHAN MAHTO, SON OF LATE JANARDAN MAHTO Versus STATE OF BIHAR ----------- 3. 08/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 304B, 498A and 34 of the Indian Penal Code. Before institution of the present First Information Report, the deceased had given a statement in the hospital that she had sustained accidental burn injuries and in the transaction even the petitioner had sustained burn injuries. After her death, the present First Information Report was instituted wherein the fact that the deceased was treated has been mentioned. A report had been called for from the hospital about the treatment of the petitioner and it was reported that the petitioner was in fact admitted in the hospital from 6.8.2009 to 21.8.2009. The submission is that if the intention of the accused persons was to kill the deceased they would not have removed her to the hospital for treatment and make an attempt to save her life. In view of such, let the petitioner above named, who is in custody since 22.8.2009, 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 Chief Judicial Magistrate, Begusarai, in Sahebpur Kamal P.S. Case No. 129 of 2009 - 2 - 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 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. S.Ali (Anjana Prakash, J.)