IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15386 of 2011 BALESHWAR YADAV Versus THE STATE OF BIHAR ----------- 2 24.05.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner happens to be cousin father-in-law of the deceased and he has been made accused in a case registered under sections-498A, 304B, 201/34 of the Indian Penal Code in the year, 1999 but he could be remanded in the above-said case on 27.12.2010 and since then, he is languishing in jail custody. The contention of learned counsel for the petitioner is that the husband and father-in-law of the deceased have already been acquitted in Sessions Trial No. 874 of 2008. It is further contended by him that the petitioner is separate from the husband and father-in-law of the deceased since long and as a matter of fact, after separation, he had gone outside the state in connection with his livelihood and when he returned to his home and came to know about the institution of the above-said case, he voluntarily surrendered before the learned court below. Moreover, no specific overt act has been attributed against the petitioner. Considering the facts and circumstances of the case as well as submissions of the parties, let the petitioner, 2 namely, Baleshwar Yadav be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Islampur P.S. Case No. 99 of 1999 to the satisfaction of Sri K.D. Rajaji, J.M.-Ist Class, Hilsa, District-Nalanda or his successor subject to condition that one of the sureties must be close relative of the petitioner and furthermore, the petitioner shall attend the trial court in person on each and every date for the period of nine months and if he fails to do so on three consecutive dates, the trial court shall be at liberty to cancel the bail bonds of the petitioner. It appears from this application that the case of the petitioner is still pending before Judicial Magistrate-Ist Class, Hilsa, Nalanda. The concerned court should commit the case of the petitioner to the court of sessions in accordance with law within a month from the date of receipt of this order and after commitment; the trial court shall try to conclude the trial of the petitioner within nine months from the date of commitment. AKV/- ( Hemant Kumar Srivastava,J.)