IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15518 of 2010 MD.HASIBUR RAHMAN @ Hasibur Rahman, S/o Amir Hussain. Versus THE STATE OF BIHAR ----------- 03. 06.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364 and 120B/34 of the Indian Penal Code. The prosecution case is that the petitioner who happened to be the husband of the deceased had called her from her “Naihar” which was two houses away on the fateful night and thereafter she did not return. It was suspected by the informant that the deceased had been done to death by her in-laws. However, there is no eye-witness to the occurrence and the present case is not under Section 304B of the Indian Penal Code which would raise presumption against the accused persons. In view of such, let the petitioner, above named who is in custody since 22.02.2010 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 2 Magistrate, Katihar in connection with Pranpur P.S. Case No. 97 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. Vikash/- (Anjana Prakash, J.)