IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33328 of 2009 SADARE ALAM @ SAHARE ALAM S/o Md Israfil resident of Village Sugia P.S. and Dist. Sheohar Petitioner Versus STATE OF BIHAR Opposite Party ----------- 02 16.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case was registered under sections 341, 323, 342,498A,504/34 of the Indian Penal Code and 3 / 4 of the Dowry Prohibition Act. From the order of the learned court below, it appears that the charge sheet was submitted in this case under section 341, 323, 504 of the Indian Penal Code only which are bailable. Thereafter the Sub divisional Judicial Magistrate has taken cognizance under section 498A of the Indian Penal Code also. Hence this bail application. Petitioner is in custody since 20.4.2009. Considering the fact that charge sheet was submitted in bailable sections, this application is allowed. Let the petitioner be released on bail on furnishing bail bond of Rs 10,000-/ (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sheohar at Sitamarhi in Sheohar P.S. Case no. 78 of 2007 with conditions as laid down in Sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailers shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. shahid (J.N. Singh, J) - 2 -