IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14428 of 2010
AMAR DWIVEDI, SON OF SHANKAR DEO DWIVEDI
Versus
STATE OF BIHAR
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3. 06.07.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 304(B) and 34 of the Indian Penal
Code.
In the First Information Report the allegation against
the in-laws is that they had committed the murder of the
deceased for the ends of dowry. However, from perusal of the
case diary and the inquest report it appears that initially the
witnesses have stated that the deceased had died a natural
death. One witness has stated that the father of the petitioner
had borrowed his car for taking the deceased to the Doctor but,
unfortunately she was declared dead. Surprisingly, in the post
mortem examination report, there is a mention of frothy Nosal
bleeding and also marks of finger on the neck.
Considering the contradictory physical examination
of the deceased and the fact that the petitioner is in custody
since 8.10.2009, let the petitioner above named, 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, Sasaram, in Dehri (Indrapuri) P.S. Case No.
2
450 of 2009 subject to the following 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 address of the petitioner. (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.
( Anjana Prakash, J.)
S.Ali