IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38795 of 2009 GAMA THAKUR, SON OF BRAHMDEO THAKUR Versus STATE OF BIHAR ----------- 5. 09/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. When an unknown dead-body of a lady was discovered from the well by the Chowkidar, a case was instituted against unknown person. Thereafter, one Umesh Thakur was arrested on suspicion who gave a confessional statement before the Police, that the unknown lady had been brought by the present petitioner and three others and thereafter done to death. When the statement of Umesh Thakur was recorded under Section 164 Cr. P.C., he merely stated that the petitioner and two other persons had come to his house with an unknown lady and left his house never to return and thereafter the dead body was discovered from the well. No overt act has been attributed to the present petitioner. It has been submitted that the extra judicial confession of the co-accused Umesh Thakur was taken while he was in confinement and, therefore, is not admissible. Under the circumstance, let the petitioner above named, who is in custody since 21.7.2009, 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 Additional - 2 - Sessions Judge, XIII, Patna, in connection with Sessions Trial No. 687 of 2009 arising out of Masaurhi P.S. Case No. 14 of 2002 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. (ii)That the bailor shall also state on affidavit that he will 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 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. S.Ali (Anjana Prakash, J.)