IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17418 of 2010 PRAVEEN KUMAR GUPTA SON OF LATE SATYA NARAIN PRASAD GUPTA Versus STATE OF BIHAR ----------- 3. 5.7.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code. The prosecution case is that the daughter of the informant was married to the petitioner in the year 1993 but was constantly tortured for some reason or the other and on the fateful day they were given information that her daughter had committed suicide, but it was suspected that the accused persons had killed her. During investigation a number of witnesses stated that in fact when there was a cry that an occurrence had taken place in the house of the petitioner and when they went there they found the deceased hanging suggesting that it was a case of suicide. It has been submitted that in fact the deceased was suffering mentally, for which reason she had been under constant medical supervision and in fact she had recently conceived with medical assistance. It has further been submitted that the petitioner is a teacher in Navodaya Vidyalaya and in fact had left for school at 6 A.M. and the occurrence took place at 8 A.M. when he was informed about it. The Counsel for the informant has submitted that the - 2 - postmortem examination report in fact supports the story that the deceased had been throttled to death, but considering that was the solitary material against the petitioner, I am not inclined to refuse bail to the petitioner only on that ground. In view of such, let the petitioner above named, who is in custody since 5.1.2010, 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 Chief Judicial Magistrate, Katihar in Town P.S.cae No.7 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner and (ii) 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. Narendra/ ( Anjana Prakash, J. )