IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23271 of 2011 Madan Yadav, Son of Seeta Gope, resident of Village Bisai Bigha, P.S. Aungari, District Nalanda. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 23.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 498 A, 302/34 of the Indian Penal Code, is one of the named accused in the case being husband of the deceased sister of the informant, who died under some suspicious circumstance. Submission is that though earlier there was some strange relationship between the petitioner and his deceased wife, but subsequently, everything was resolved and they were leading peaceful life. The wife in absence of the petitioner had gone to her brother for return of ornaments etc. and some how or the other, she did not alike for which at the instance of petitioner one Aungari P.S. Case No. 36 of 2010 has also been instituted. The investigation of both these cases is still going on and till date nothing emerged showing the involvement of the petitioner in killing of the deceased. Learned Additional Public Prosecutor after going through the case diary of both the cases including Aungari P.S. U.D. Case No. 04 of 2010 is unable to point out anything specific against the petitioner except submitting that the investigation is still going on. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa at Nalanda, in connection with Aungari P.S. Case No. 35 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)