IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5753 of 2010 TRIBHUAWAN MISHRA, S/O LATE PRABHU NATH MISHRA, R/O VILLAGE-SULTANPUR, P.S.- RAGHUNATHPUR, DISTRICT-SIWAN. …………PETITIONER. Versus THE STATE OF BIHAR. ……………OPPOSITE PARTY. ----------- 2 26.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 354, 306, 201 read with 34 of the Indian Penal Code. Petitioner happens to be the father of the deceased and informant is the daughter-in- law. From the FIR it appears that for an attempt of rape by petitioner on the informant on 27.5.2009, there was a dispute between her husband and petitioner in the evening on account of which her husband consumed poison himself. This petitioner and his wife did not attended to him as a result of which he died. Petitioner is in custody since 26.08.2009. It is submitted that petitioner is of old age and ailing and had no role to play in the deceased consuming poison. Considering the above facts and circumstances and submissions of learned counsel for the petitioner, this application is allowed. Let petitioner Tribhuawan Mishra be enlarged on 2 bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Siwan in connection with Raghunathpur P.S. Case No.73 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Arvind/ (J. N. Singh, J.)