IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4040 of 2010 MD. IZTEKHAR @ IFTEKHAR @ DARA @ IRTEKHAR SON OF MD. ALHAR ALI Versus STATE OF BIHAR ----------- 2. 15.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B and 328 of the Indian Penal Code. Taking into consideration the fact that the case is not one u/s.304B of the I.P.C, rather u/s.302, 120B and 328 of the I.P.C. and there is no eye witness to the occurrence and the submission is that it appears highly improbable that the deceased would have regained consciousness for a short while to disclose that the petitioner had offered poisonous sweets to the deceased in the background of differences between the spouses, let the petitioner above named, who is in custody since 16.12.2009, 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 Sub-Divisional Judicial Magistrate, Purnea in Purnea Sadar (Muffasil) P.S.case No.128 of 2006, 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 and (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 - 2 - two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )