IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20156 of 2010 MITHILESH PRASAD SINHA son of Late Yamuna Sinha Versus THE STATE OF BIHAR ----------- 3/ 13.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code. The informant alleged that two days back when her husband had gone to the field, she heard his cry, but when she went to look for him, she could not find any one. However, she had seen the present petitioner with Khanti and Rod in the fields. Evidently, as per the First Information Report, there is no eye witness to the occurrence. Subsequently, the uncle of the informant was examined in paragraph 65, who stated that he had seen the occurrence but there is no explanation as to why he did no disclose this fact to his niece even though the First Information Report was instituted two days after the occurrence. In view of such, let the petitioner, above named, who is in custody since 22.02.2010, 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 the Additional Chief Judicial Magistrate, Danapur, in connection with Naubatpur P.S. case no. 272 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, (ii) That the bailor shall also state on affidavit that he will - 2 - inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) 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, and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)