IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7754 of 2010 SATYENDRA KUMAR, SON OF SRI RAMNANDAN MAHTO @ SUGRIV MAHTO Versus STATE OF BIHAR ----------- 2. 23/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304(B), 201, 498(A), 120(B) of the Indian Penal Code and Sections ¾ of Dowry Prohibition Act. The allegation in the First Information Report is that the deceased was the first wife of the petitioner and she had been taken away to Delhi by the petitioner and his second wife but, she did not reach Delhi and, therefore, the speculation was that she had been killed by the present petitioner. Initially a case under Section 304B of the Indian Penal Code was instituted but charge sheet has been submitted under Section 364 of the Indian Penal Code and the submission is that there is no ingredients of kidnapping against the present petitioner. In view of such, let the petitioner above named, who is in custody since 2.10.2009 and has no criminal antecedents, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Raj, Judicial Magistrate, 1st Class, Biharsharif (Nalanda) in Noorsarai P.S. Case No. 180 of 2009, G.R. No. 2331 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will - 2 - give an affidavit giving genealogy as to how he is related with the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)