IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15373 of 2010 SUNIL RAM @ SUNIL KUMAR BHASKAR Versus STATE OF BIHAR ----------- 04. 08.07.2010 Petitioner being the husband is languishing in jail in connection with a case registered under Section304 (B), 201, 34 of the I.P.C. It is alleged that the marriage took place in October, 2002 and there was demand of dowry and ultimately the victim died on 02.08.2009. It is submitted by learned counsel for the petitioner that the marriage has taken place in March, 2002, hence victim died after more than 7 years of marriage. Hence the present case does not come within the preview of Section 304 B of the I.P.C. Learned counsel for the informant submits that the marriage has taken place in October, 2002 whereas learned counsel for the petitioner has annexed the documents suggesting that a baby girl was born out of the wedlock in December, 2003. Learned counsel for the State after perusal of the case diary states that the marriage took place in 2002. It is further contended by learned counsel for the petitioner that immediately after the death the petitioner transferred the share of land in the name of the daughter 2 making informant as a guardian of the minor girl but suppressing all these facts F.I.R. has been lodged on 05.08.2009 for the alleged occurrence of 02.08.2009. Considering the delayed lodging of the F.I.R., death suspected to occur around or after seven years of marriage, let the petitioner namely Sunil Ram @ Sunil Kumar Bhashkar, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. 2nd , Supaul in connection with Chhatapur P.S. Case No. 105 of 2009(Sessions Trial No. 295 of 2009). It is made clear that learned Trial Court will cancel the bail bond of the petitioner if petitioner fails to appear on two consecutive dates. The informant will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below, if the petitioner evades to appear during trial. Shageer ( Dinesh Kumar Singh, J.)