IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26856 of 2011 Rajiv Sharma @ Rajeev Sharma Versus The State Of Bihar ---------------------------------- 03. 14.09.2011 Petitioner being husband is languishing in custody since 22.11.2008 in a case registered under Sections 304(B), 201/34 of the I.P.C. The marriage was performed on 20.05.2003. The informant has admitted in the F.I.R. that there were two children aged about four and two years and the matrimonial relationship was cordial six months prior to the occurrence but it is alleged that on 18.06.2008 the petitioner and in-laws family killed the victim and burnt the dead body. It appears that the informant has retracted from the initial version and filed a petition to that effect before learned Court below but the same was not considered by learned Court below since appropriate Vakalatnama was not attached with the application. Earlier the bail application of the petitioner was rejected on 10.08.2011 with liberty to renew the prayer for bail after examination of the informant. The report of the Trial Court is at Flax-X reflects that the charges were framed on 07.12.2010 and thereafter in spite of issuance of non-bailable warrant, no witness is appearing nor the informant has appeared so far. Hence in the background of the liberty given in the earlier order and the fact that informant has retracted from the initial version coupled with the present conduct of prosecution side, let the petitioner namely Rajiv Sharma @ Rajeev Sharma, 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 Additional Sessions Judge, IX, Patna in connection with Sessions Trial No. 634 of 2010 arising out of Dhanarua P.S. Case No. 167 of 2008. Learned Court below will be at liberty to cancel the bail of the petitioner, if the petitioner fails to appear on three consecutive dates during trial. Shageer (Dinesh Kumar Singh, J)