IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45805 of 2009 MD.BIJAY, S/O SEHK SARRA Versus STATE OF BIHAR **** /4/ 05.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302, 120B/34 of the Indian Penal Code. 3. The prosecution case is that the deceased was the “gharjamai” of his in-laws and the petitioner happens to be his brother-in-law. It is alleged by the informant that his son, the deceased, wanted to go home to them, but, the accused persons use to prevent him and on the date of occurrence he was variously assaulted by his in-laws by way of preventing him from going home. During investigation, it transpired that there is no eye witness to the actual occurrence of assault and there is material to suggest that the deceased was taken to the hospital by his in-laws where he lost his life. Thereafter, the post mortem examination was held, but, the doctor could not opine conclusively about the cause of death. 4. Under the circumstances, let the petitioner, above named, who is in custody since 02.11.2009 and has no criminal antecedents be released on bail on furnishing bail bond 2 of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sikty P.S. Case No. 25 of 2009 to the satisfaction of the Chief Judicial Magistrate, Araria, on 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)