IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14013 of 2010 PAWAN SINGH, S/o Ram Sagar Singh. Versus THE STATE OF BIHAR ----------- 03. 30.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 304B and 201/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. In the First Information Report the informant has stated that he heard that his daughter had been burnt so he went to the place of occurrence and found her in injured condition. The deceased reported that the in- laws had burnt her to death. From perusal the case diary it appears that a number of co-villagers of the deceased have been examined and they stated that in fact they heard hulla that the deceased was burning upon which they went there and saw her in a burnt condition and tried to douse the fire. They did not say anything about the oral dying declaration given by the deceased. These witnesses specifically stated that after the occurrence the last rites of the deceased was done. This explains the absence of the post-mortem examination report of the deceased and also belies the prosecution case that the deceased after giving dying declaration to the informant 2 had died since had it been so the post-mortem examination report of the deceased would have been done. In view of such, let the petitioner, above named who is brother-in-law of the deceased 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 connection with Teghra P.S. Case No. 127 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. Vikash/- (Anjana Prakash, J.)