1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.5832/2010 Samad Khan Vs. State Date of order : 26/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri D.K. Bhardwaj for the petitioner. Shri Amit Punia, P.P. for the State. Shri Azad Ahmed for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that originally challan was not filed against the petitioner, but subsequently the investigating agency has filed supplementary challan against the petitioner, in which he has been alleged to have committed offence only u/s.498A of IPC. Petitioner was arrested on 21.5.2010 and he is in jail since then. Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and argued that case is combined against all the accused including u/s.304B of IPC. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, especially the 2 fact that petitioner is elder brother of the husband of deceased, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Samad Khan S/o Rahmat Khan shall be released on bail in F.I.R. No.50/2010, P.S. Malakhera, Distt. Alwar for offence u/s.498A and 304B of IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/