IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10656 of 2009 NOOR HASNAIN, SON OF SHAMRUL MIYA, R/V SANDHO, P.S. GORAUL, DISTRICT VAISHALI AT HAJIPUR--------PETITIONER. Versus THE STATE OF BIHAR-----OPP. PARTY. ----------- 02. 20.05.2009 Heard learned counsel for the petitioner and the State. Petitioner husband is apprehending his arrest in connection with a case registered for the offence under Sections 498A/304B/201/34 of the Penal Code. It is submitted on his behalf that his wife died on account of vomiting and diarrhoea while she was being taken to Mahua Government Hospital. Before being taken to Mahua Government Hospital, she was under treatment of a Doctor, who has also been examined by the Investigating Officer in the case diary to confirm the factum of illness and treatment. It is also submitted that at the time of burial of his wife, the Investigating Officer was also present. Such fact is also mentioned in the case diary. Let the petitioner surrender in the court below within four weeks from today and if both the submissions noted above are found recorded in the case diary then he, namely, Noor Hasnain be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali in connection with Goraul P.S. Case No. 136 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C., 2 failing which the court below shall pass appropriate order in accordance with law. Until confirmation is made in the light of this order, no coercive steps be taken against the petitioner. Let a copy of this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J.)