IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4729 of 2010 MANTU PANDEY, SON OF KAILASH PANDEY, RESIDENT OF VILLAGE – GHUSIYAR, P.S. – SANGRAMPUR, DISTRICT – EAST CHAMPARAN. …………….. PETITIONER Versus THE STATE OF BIHAR ……………… OPPOSITE PARTY FOR THE PETITIONR :- MR. ASHOK KUMAR, ADVOCATE FOR THE STATE :- MR. R. SINGH SHASHTRI, APP FOR THE INFORMANT :- MR. ANIL KUMAR, ADVOCATE. 3 26.02.2010 Heard learned counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case registered under sections 304(B) and 201/34 of the Indian Penal Code. The allegation as set up in the first information report is that there was demand of dowry and all the accused persons have connived to kill the victim girl. It is submitted on behalf of the petitioner that during the course of investigation the police has found the case false and submitted final form exonerating the accused persons recommending the prosecution of the informant for making false accusation in filing this case. However, on the basis of the protest petition the court concerned has taken cognizance of the offence under sections 304(B) and 201/34 of the Indian Penal Code. It is 2 further submitted that the victim girl Puja Kumari was ill and died during her treatment. The informant and family members were informed about the incident and they attended the funeral also and thereafter for obvious reasons this case has been lodged. It is also contended that on the alleged date of occurrence the petitioner was at Delhi and had returned after the occurrence and subsequently, he was immediately taken into custody. Lastly, learned counsel for the petitioner submitted that the petitioner, who is younger brother-in-law(‘Devar’) of the deceased is in custody since 4.8.2009 as per the statement made in the supplementary affidavit filed today. Learned counsel for the informant submitted that all the accused persons were making demand of dowry and connived to kill the victim girl. It is further submitted that of course, the police has submitted final form exonerating the petitioner, however, the concerned court on the basis of the materials collected during the course of investigation and also on the basis of the materials available in the protest petition took cognizance of the offence. Learned counsel for the State submitted that the 3 police submitted final form exonerating the accused persons, but on the basis of the materials available in the protest petition, cognizance has been taken by the court concerned. However, admittedly, the husband is in custody. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, Mantu Pandey, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Sangrampur Police Station Case No. 101 of 2009 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner must remain present on each and every date during the course of trial and if he remains absent for two consecutive dates during the course of trial, the court below would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)