IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14254 of 2010 MITHUN OJHA @ MITHU OJHA @ MITHUN SON OF DEVENDRA OJHA @ HARI OJHA Versus STATE OF BIHAR ----------- 3. 25.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304B, 201, 307, 324/34 of the Indian Penal Code and 27 of the Arms Act as well as ¾ of the Dowry Prohibition Act. The informant has alleged that his daughter was married to the petitioner and out of the wedlock two children were born, but she was regularly tortured by her in-laws for ends of dowry. It was further alleged in the first information report that the deceased had been shot dead by the father-in-law, due to which even the children had sustained injuries and thereafter the dead body was disposed of to screen the offence. It has been submitted that it has transpired during investigation that it was the petitioner, who had taken his minor children for treatment at the Hospital when they sustained fire arm injuries and there is no allegation against the petitioner that he caused the death of the deceased. In view of such, let the petitioner above named, who is in custody since 9.11.2009, 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 Sub-Divisional Judicial - 2 - Magistrate, Daudnagar, Aurangabad in Goh P.S.case No.54 of 2009, 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. )