IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4438 of 2010 NIRMALA DEVI, wife of Late Kalicharan Prasad Versus STATE OF BIHAR ----------- 2/ 17.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 304-B/34 of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. Taking into consideration the fact that the petitioner is the mother-in-law of the deceased and after investigation chargesheet has been submitted under section 302/34 of the Indian Penal Code and not under section 304-B of the Indian Penal Code, let the petitioner, above named, who is in custody since 27.11.2008, 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 the Additional Sessions Judge-cum- Fast Track Court No.1st , Gaya, in connection with S. Tr. No.28 of 2009 / 323 of 2009 arising out of Kotwali P.S. case no.265 of 2008, subject to the 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, (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. JA/- (Anjana Prakash, J.)