IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2235 of 2010 1. MITHUN MANDAL, S/O KAILASH MANDAL 2. KAILASH MANDAL, S/O KUJO MANDAL 3. SANJEET MANDAL, S/O KAILASH MANDAL Versus STATE OF BIHAR **** /2/ 04.02.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 323, 504 and 302/34 of the Indian Penal Code. 3. Taking into consideration the fact that while an altercation taken place between the accused persons on the one hand and the nephew of the informant, the daughter of the informant intervened in which transaction she was variously assaulted due to which she died later on and the submission is that in the facts of the case it would not be a case under Section 302 of the Indian Penal Code and there is no overt act against the petitioners, let the petitioners, above named, 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 Barhara (Raghubansh Nagar) P.S. Case No. 34 of 2009 to the satisfaction of the Chief Judicial Magistrate, Purnea, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving 2 genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/they shall not be released on bail and (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 then their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)