IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30863 of 2011 Bhumidolan Giri @ Bhundel Giri, son of late Thakur Giri Versus The State Of Bihar ---------------------------------- 3. 29.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. The prosecution case is that the Informant’s daughter had gone to his relative’s house from where she disappeared. It was suspected that the accused persons had kidnapped her. The wife of the Informant made entreaties to return his daughter. However, the accused persons were always assuring the same but did not return her on the date of occurrence. When the Informant returned to his house, he saw the accused person fleeing away from there and his wife strangulated to death. He suspected that the accused person had killed his wife on account of earlier dispute. During trial the Informant was examined but stated that his daughter had returned and in fact, she has not been kidnapped. He also stated that he is not an eye witness to the actual occurrence. Considering that there is no eye witness to the actual occurrence, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional 2 Sessions Judge-cum-Fast Track Court No. IV, Bettiah, West Champaran, in connection with Sessions Trial No. 443 of 2010 arising out of Inarwa P.S. Case No. 23 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 giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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. (iii) That the petitioner will be physically present on each date and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. S.Ali ( Anjana Prakash, J.)