IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3549 of 2011 Biran Bind @ Biran Kumar, S/O-Ashok @ Fitin Bind Versus The State Of Bihar ----------- 04 24.08.2011 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of his application within course of the day. Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 27.08.2010 in a case registered under Sections 304 (B), 201/34 of the Indian Penal Code. Admittedly, petitioner is husband of the deceased who died within two years of her marriage in other than normal circumstances. The dead body of the deceased was recovered near Pinj of one Sudhir Singh. The post-mortem on the dead body of the deceased was done but the doctor could not succeed to ascertain the cause of death of the deceased though some injuries were found on the ear and nostril of the deceased which is evident from perusal of Para- 58 of the case diary. It is contended by learned counsel for the petitioner that informant as well as other witnesses have already been declared hostile and they have not stated the factum of demand of dowry. So, the application of Section 304 (B) of the Indian Penal Code becomes doubtful. 2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court-II, Biharsharif at Nalanda in connection with Sessions Trial No. 107 of 2011 arising out of Harnaut (Telmar) P.S. Case No. 15 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)