IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28508 of 2011 Anil Paswan @ Kaial Paswan, S/o Surajdeo Ram @ Surajdeo Paswan. Versus The State of Bihar ---------------- 03. 28.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 498A and 302/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. The prosecution case is that the informant’s daughter was married to the petitioner about sixteen years ago and out of wedlock there were three children aged 6, 5 and 1½ years respectively. It was alleged that the deceased was done to death by her in-laws for reasons of dowry. It has been submitted that after investigation charge-sheet was submitted under Section 302 IPC and since it is not a case under Section 304B IPC and there is no question of presumption having been raised against the in-laws. The further submission is that there is no positive material that the petitioner had caused the death of his wife which quite appears improbable since the marriage had taken place about sixteen years ago and there were three children out of the wedlock. 2 Considering the aforesaid, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-II, Aurangabad in connection with S.Tr. No. 108/2011 arising out of Barun P.S. Case No. 226 of 2010 subject to the following 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)