IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7035 of 2010 KUMAR AMIT, SON OF SHRI BINOD KUMAR SINHA Versus THE STATE OF BIHAR ----------- 3. 30/03/2010 Heard learned Counsel for the petitioner, learned counsel for the Informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304(B) and 34 of the Indian Penal Code. In the First Information Report, it has been stated by the Informant that the deceased had been married to the present petitioner about four years ago and after marriage, the petitioner and the deceased were very happy with each other. However, dissatisfaction arose later on when the youngest sister of the deceased was married and thereafter the present occurrence is said to have taken place. It has been stated in the First Information Report itself that it is the petitioner who had informed the Informant at 2.00 A.M. in the morning to come to the place of occurrence upon which when the Informant came he found the dead body in the bath room. Thereafter, the present case was instituted at 3.00 A.M. in the morning. The submission is that had the petitioner any criminal intent he would not have informed the father of the deceased to witness the scene of crime and jeopardise his own life. Moreover, even though in the First Information Report, the allegation is that the deceased was strangulated to death, the Doctor performing the post mortem examination report was of the opinion that there - 2 - was no anti mortem bodily injury found on the person of the deceased. In view of such, let the petitioner above named, who has already two and half years old child (daughter) from the marriage and is in custody since 7.10.2009, 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, Patna, in connection with Gardanibagh P.S. Case No. 177 of 2009 subject to the following 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. (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. S.Ali (Anjana Prakash, J.)