IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40160 of 2009 Dilip Kumar @ Dilip Mahto, Son of Sri Madhusudan Mahto, Resident of Village Bahachowki, P.S. Dharhara, District Munger. ------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 25.11.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner, a Bhaisur of the victim lady, facing prosecution for an offence under Section 323/498A of the Indian Penal Code as also Section 3/4 of the Dowry Prohibition Act, has his defence that whatever substantive allegations are there, they stand against the husband, the younger brother of the petitioner, who is already in judicial custody. Considering the fact that the petitioner is the Bhaisur and has got no criminal antecedent and that the husband is inside the jail, this Court would direct for release of the petitioner, namely, Dilip Kumar @ Dilip Mahto on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Dharhara P.S. Case No. 87 of 2009, subject to the condition that one of the bailors must be a close family relative of the petitioner. It goes without saying that the petitioner shall 2 remain present in course of trial and his continued absence on two consecutive dates in course of such trial will make him liable for cancellation of his present bail. Rsh (Mihir Kumar Jha, J.)