IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20253 of 2010 DEEJAL RAI @ RIJAL RAI S/O CHAMRU RAI Versus STATE OF BIHAR ----------- 4. 27.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364/34 of the Indian Penal Code. It has been submitted that the First Information Report has been lodged by the brother of the petitioner on suspicion that the petitioner’s wife was kidnapped and killed since he over heard hot conversation between spouses on account of some financial dispute. During trial, the parents of the deceased stated the deceased died on account of cold which appears to be evidently false since the post mortem examination report reveals that the deceased had died on account of sharp cut wound. However, considering that there is no eye- witness to the occurrence and it is not a case of under Section 304-B I.P.C. which would raise presumption against the accused persons, let the 2 petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Addl. Sessions Judge F.T.C. II Begusarai in S.Tr. No. 924 of 2009 in connection with Begusarai Muffasil P.S. Case No. 14/2004, subject to the conditions, (i) That one of the bailor 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )