IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32314 of 2011 Kari Singh, Son of Ramashish Singh Versus The State Of Bihar ---------------------------------- 3. 20.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code. It has been submitted that even though in the First Information Report the allegation against the petitioner is that he had killed his wife for non-fulfilment of demand of dowry, but during investigation it transpired that the petitioner was a person of well advanced age and had got married to his wife after payment of money, so there was no question of demand of dowry. The further submission is that independent witnesses during investigation stated that the deceased was unhappy because the disparity of age and had herself committed suicide. It appears from the order sheet annexed herewith that even though the petitioner is in custody since 2.6.2009 the prosecution has not produced a single witness up till now. Considering the same as also on his undertaking the petitioner will be physically present on each date of trial, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two - 2 - sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge, F.T.C. 3rd, Begusarai in connection with S.T. No.12 of 2010 arising out of Nayagaon P.S. Case No.68 of 2008, subject to the conditions (i) That one of the bailor 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 undertake to furnish information to the Court about any change in address of the petitioner, (ii) That the petitioner shall be physically present on each date of trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. The Trial Court (Additional Sessions Judge, F.T.C. 3rd, Begusarai) is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the S.P., Begusarai and the S.P., Begusarai is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, J. )