IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28793 of 2009 BHADAI PASWAN son of late Bhojan Paswan, resident of village Samual,P.s.Madhubani, Distt-Madhubani. Versus THE STATE OF BIHAR . --------- 7. 13.1.2010. Learned counsel for the petitioner is permitted to make correction in the prayer portion of the bail application during the course of the day. Heard learned counsel for the parties. The petitioner is in custody in connection with Sessions Trial No.189 of 2007 arising from Madhubani Town P.S.Case No.322 of 2006 for offence punishable under section 304B of the Indian penal Code. Learned counsel for the petitioner submits that this petitioner is the father-in-law of the deceased and on a bare perusal of the allegation as set out in the first information report shows that the entire allegation has been set out against the husband of the deceased and the allegation against the petitioner apparently shows that it is the case of an afterthought to rope in other members of the family in the case. She further submits that the petitioner is in custody since 31.10.2006 simply for the reason that he is the father-in-law of the deceased. It is further submitted that the petitioner undertakes to cooperate in the trial and 2 would be attending the court on each and every date fixed in the case. A report was called for by this Court and in response thereto, it has been reported that the trial is at the stage of examination of the prosecution witnesses and for which bailable warrant of arrest has been issued against the remaining prosecution witnesses. Having regard to the facts and circumstances of the case set forth, let petitioner Bhadai Paswan 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 Additional Sessions Judge-Fast Track court No. III, Madhubani in connection with Sessions Trial No.189 of 2007 arising out of Madhubani Town P.S.Case No.322 of 2006 subject to condition that the petitioner would be attending the trial on each and every date fixed and failure on his part to attend the court on two consecutive dates without reasonable explanation to the satisfaction of the trial court, would entitle the trial court to initiate proceedings for cancellation of his bail bond and for taking him in custody. ahk (Jyoti Saran,J.) 3