IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38831 of 2009 1. FATEH SOREN S/O late Puran Soren 2. BANGALI SOREN, S/O Fateh Soren Both residents of village Mania Kamat Tola, P.S. Moffasil, district Katihar .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 07.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section 302/34 of the Indian Penal Code. 3. Taking into consideration the fact that the first information report was instituted four months after alleged assault upon the deceased and the post mortem report does not conclusively say as what was the cause of death and the factum of death on account of illness could not be ruled out and, therefore, charges has been famed under Section 304/34 of the Indian Penal Code, let the petitioners, above named, who are in custody since 23.07.2009, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Katihar Moffasil P.S. Case No. 35 of 2009 to the satisfaction of the Chief Judicial Magistrate, Katihar, on the 2 conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and (ii) 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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)