IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22556 of 2010 SOGARATH ROY @ SOGARATH RAI, SON OF LATE YUGESHWAR ROY Versus STATE OF BIHAR ----------- 2. 12.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code. From the First Information Report, it appears that there is only speculation that the petitioner being the father-in- law of the deceased committed his murder since he had come to take bidai of the petitioner’s daughter from his house. The circumstance which appeared against him that the villagers went to see the dead body of the deceased at Banth but the petitioner did not go there although, the dead body was found near the house. Considering that there is no eye witness to the occurrence nor there is motive to commit the same, let the petitioner above named, 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 Chief Judicial Magistrate, Samastipur, in Samastipur (M) P.S. Case No. 720 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit 2 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 address of 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. (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. (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. S.Ali ( Anjana Prakash, J.)