IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38898 of 2009 PRASHANT MISHRA @ PRASHANT KUMAR MISHRA SON OF LATE YADUNANDAN MISHRA Versus STATE OF BIHAR ----------- 3. 3.12.2009 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 307 and 498A of the Indian Penal Code. Taking into consideration the submission that from the dying declaration itself it would not appear to be a case u/s.302 I.P.C., let the petitioner above named, who is the husband of the deceased and is in custody since 13.6.2009, 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, Samastipur in Tajpur (Pusa) P.S.case No.234 of 2009 (G.R.No.1349 of 2009), subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with 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 and (iii) that the petitioner will - 2 - be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )