IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23613 of 2008 MD.SAKIR @ MD.SAKIR ALI Versus STATE OF BIHAR ----------- 5 04.02.2009 Heard both sides. The petitioner has approached this Court for the second time seeking bail in a case instituted under sections 304B/34 Indian Penal Code. Earlier his prayers for bail was considered and rejected under order dated 14.2.2008. The said order reads thus: “The petitioner who is husband of the deceased has prayed for grant of bail in a case instituted under Section 304B/34 of I.P.C. From perusal of the F.I.R., it appears that there is allegation of demand of dowry and torture so far as the petitioner is concerned. It further appears that the deceased was done to death in a very suspicious circumstance. Considering the allegation, I am not inclined to grant bail to the petitioner for the present. With this observation, this application is dismissed.” Counsel for the petitioner submits that no specific and direct allegation has been levelled against the petitioner who is the husband. According to the F.I.R., the in-laws of petitioner, on getting information, reached the place of occurrence. According to the F.I.R, the informant made allegation that the deceased was done to death on poison. It has been submitted that there is/are off- springs from the wed lock. It has further been pointed out that initially attempt was made to implicate the entire family members of the petitioner but the police on conclusion of the evidence did not find any material against the other members of the family and as such they have not been charge sheeted. It has further been - 2 - pointed out that the petitioner is in custody since 23.6.2007. This Court on 14.1.2009 called for a status report from the learned Trial Court. The said report is placed at Flag-A. A perusal whereof indicates that out of 9 (nine) prosecution witnesses in the charge sheet, only one witness has been examined till date. The Trial Court has taken steps for appearance of the remaining witnesses. Having considered the submissions and after going through the records, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner abovenamed 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 learned A.D.J.-I Muzaffarpur in S. Tr. No. 520 of 2007 (arising out of Sakra P.S. case no. 154/2007) subject to the condition that one of the bailers shall be own/close family members of the petitioner. The petitioner shall appear in the Trial Court on the dates fixed at the trial. In the event of his non appearance in person on two consecutive dates, the Trial Court shall be at liberty to cancel the bail bond of the petitioner and ensure his arrest in accordance with procedures laid down in law. pkj ( Kishore K. Mandal, J )