IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45213 of 2009 1. RAM ISHWAR PASWAN @ RAMESHWAR PASWAN, son of late Sipar Paswan 2. Kabutari Devi wife of Ram Ishwar Paswan Versus STATE OF BIHAR ----------- 2/ 08.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 341, 323, 468, 504/34 of the Indian Penal Code and section ¾ of the Witch (Daain) Craft Practices Act. Taking into consideration the fact that that apart from section 468 of the Indian Penal Code the rest of the offences are bailable in nature and the petitioners have remained in custody since 11.11.2009, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Arrah, in connection with Barhara P.S. case no.45 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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, and (iv) that the petitioners will be well - 2 - represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The petitioner no.1 is directed to appear before the Officer-in-charge of Barhara P.S. within fifteen days of release from the custody and produce a copy of this order before him. The petitioner no.1’s conduct will be kept under watch for the next six months and if it is found wanting in any respect a report about the same shall be made by the Officer-in-charge to the court concerned for initiation of a proceeding for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)