IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17141 of 2010 MD.HASIB, S/o Late Mamdia. Versus THE STATE OF BIHAR ----------- 03. 02.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. It has been submitted that when a dead body of unknown female was recovered the present case was instituted and then it was traced to be that of Nazma Khatoon wife of the present petitioner and he was implicated on suspicion since there was marital discord between them and the deceased had filed a case under Section 498A against the petitioner in which he is on bail but there is no eye witness to the occurrence. In view of such, let the petitioner, above named who is in custody since 17.03.2010 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, Katihar in connection with Kadwa (Balia 2 Belon) P.S. Case No. 169 of 2008 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 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. Vikash/- (Anjana Prakash, J.)