IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.15130 of 2009 ***** Akhilesh Kumar, son of Dharmendra Ram (Rajak), resident of village- Dhangwa, Police Station Tarari, District Bhojpur at Ara. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 4. 17.8.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is the husband who is in custody since 8.9.2008 in Tarari P.S. Case No.17 of 2008 registered under Section 304B and 201/34 of the Indian Penal Code. As per the allegations made in the F.I.R., Anju Kumari, deceased was married to the petitioner in the year 2005, in 2006 the second marriage was performed, thereafter it is alleged that certain demands for dowry were made for which she was tortured by her in-laws. On the date of institution of the case the mobile of the deceased was coming switched off, informant learnt that she had been killed and body disposed of. Submission of learned counsel for the petitioner is that during course of investigation nobody has supported the allegation of demand of dowry though certain quarrel within the household has been supported by the independent witnesses. Further it is also alleged that the petitioner died due to some problem of appendix and not that she was done away with as has been alleged. There is no cogent or categorical evidence that the deceased had been murdered and body disposed of as the body was cremated by the villagers in absence of male members of the family. The petitioner who is a driver is alleged to be away on his duty on - 2 - the date of the alleged crime. In absence of any cogent explanation as such, the fact that the petitioner still has to face the rigors of trial and the kind of evidence which has come at this stage, let the petitioner, namely, Akhilesh Kumar, be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Tarari P.S. Case No.17 of 2008 with a direction that the petitioner shall not abscond and will appear on each and every date fixed by the trial court in this regard. One of the sureties will be executed by a close relative of the petitioner on due identification by the trial Court. Pawan/- (Ajay Kumar Tripathi, J.)