IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33787 of 2009 MD.MANZOOR, Son of Nooruddin, Resident of Village- Rampur Budheshri, Police Station-Araria (Bairgachhi), District-Araria. Versus THE STATE OF BIHAR ----------- 02. 08.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. Taking into consideration the fact that even though the petitioner is the husband but the submission is that it is not a case under Section 304B of the Indian Penal Code and therefore no presumption can be drawn against him as also the fact that there is no eye-witness to the occurrence and the only material is that the deceased died due to hanging and now the matter has been compromised, let the petitioner above named who is in custody since 14.04.2009 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, Araria in connection with - 2 - Araria (Bairgachhi) P.S. Case No. 147 of 2009 (G.R. Case No. 646 of 2009) on the condition that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)