IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4644 of 2010 UPENDRA SHARMA, SON OF KAMLI ALIAS KAMLESHWARI SHARMA, RESIDENT OF VILLAGE KUMHARSON, P.S. GARHPURA, DISTRICT BEGUSARAI. ……………........PETITIONER. Versus THE STATE OF BIHAR ……….. OPPOSITE PARTY FOR THE PETITIONER:- MR. DR. AMARENDRA KUMAR, ADVOCATE. FOR THE STATE :- MR. R.P.S. SINGH, A.P.P. 3 26.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under sections 364, 365/34 of the Indian Penal Code, which arises out of Complaint Case No. 1161C of 2008, which was subsequently sent for investigation by the police under section 156(3) of the Code of Criminal Procedure and thereafter first information report was lodged. The allegation as set up in the complaint petition/first information report is that the daughter of the complainant/informant was married to the brother of the petitioner about 14 years ago and is now missing. It is alleged that all the accused persons have connived to kill the girl. It is submitted on behalf of the petitioner that - 2 - though it is a fact that marriage took place about 14 years ago, however, the girl had gone at her own will. Learned counsel drew the attention of this Court towards the fact that the complaint itself was instituted after a delay of 24 days. It is further submitted that the petitioner, who is brother-in-law of the victim girl(‘Devar’) is in custodty since 1.7.2009 and co-accused Kami @ Kamleshwari Sharma( the father-in- law) and Majhia Devi(mother-in-law) have already been granted bail by a Bench of this Court on 18.11.2009 by an order passed by this Court in Cr. Misc. 38413 of 2009. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, Upendra Sharma, to 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 the Chief Judicial Magistrate, Begusarai in Gardhpura Police Station Case No. 52 of 2008 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner must remain - 3 - present on each and every date during the course of trial and if he remains absent for two consecutive dates during the course of trial, the court below would be at liberty to take steps for cancellation of his bail bonds. SC (Dr. Ravi Ranjan, J.)