IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20715 of 2010 MANOJ YADAV……….Petitoner Versus THE STATE OF BIHAR…..opposite party. ----------- For the petitioner : Mr. Sudhir kr. Sinha, For the State : Mr. I.B. Pandey, A.P.P. ------------ 2 17.6.2010 Heard the parties. In a criminal prosecution for offences under section 304 B/ 201/34 of the Indian Penal Code, the petitioner happens to be husband of the deceased Geeta Devi. In the FIR there is allegation of demand of dowry and torture as also killing of the deceased against all the FIR named accused persons including the petitioner. The dead body is said to have been found at the railway track. It is submitted by learned counsel for the petitioner that as a matter of fact the deceased met with an accident, as a result of which she died and the present case has been filed with all baseless and false allegations against the petitioner and other accused persons. The petitioner is in judicial custody since 17.2.20009. Charge against the petitioner has been framed earlier and as many as five prosecution witnesses have been examined till date, which includes the informant, who is father of the deceased, as also brother of the deceased, but none of them have supported the prosecution allegation against the petitioner. It is highlighted that in that back ground of the case there is absolutely no chance of conviction of the petitioner in the aforesaid case. In the facts and circumstances of the case, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of - 2 - Additional Sessions Judge, F.T.C-IInd, Nawada in connection with Sessions Trial No. 347 of 2009 arising out of Akbarpur P.S. Case no. 55 of 2008, subject to the conditions : (a) That one of the bailors must be Govt. servant. (b) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman