IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14247 of 2010 1. MAIMUL MIAN, SON OF LATE GAFUR MIAN 2. AINUL NESHA, WIFE OF MAIMUL MIAN 3. ASLAM MIAN, SON OF MAIMUL MIAN. Versus STATE OF BIHAR ----------- 2. 06/05/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that the Informant had called two tailors to sew some clothes in her house but the petitioners variously assaulted both of them including her daughter due to which she died. The defence of the petitioners is that they happened to be the uncle and the cousins of the deceased and in fact, the assault was on account of the fact that there was a suspicion that there is illicit relationship between the deceased and the two persons who had come on the pretext of stitching clothes. The Post mortem examination report reveals that no injury was sustained by the deceased on the vital part. In view of such, let the petitioners above named, who are in custody since 8.9.2009 and have no criminal antecedents, 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 Chief Judicial Magistrate, Bettiah, West Champaran, in Manpur P.S. Case No. 21 of 2009 subject to the following conditions: (i)That one of the bailors will be a close - 2 - relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)