IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4509 of 2010 LAKSHMAN PRASAD @ SADHU PRASAD, SON OF HARIHAR BHAGAT Versus THE STATE OF BIHAR ----------- 2. 18/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304B, 201/34 of the Indian Penal Code. Taking into consideration the fact that the deceased was taken for treatment to various hospital and in course of being moved to Gorakhpur hospital, she died on the way, whereafter she was cremated nearby, and, therefore, the submission is that it is not a case of the petitioner having killed his wife, since had he intended to do so, he would not have taken her for treatment, let the petitioner above named, who is in custody since 21.10.2009, 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, Gopalganj, in connection with Barauli P.S. Case No. 108 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 2 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.)