IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9906 of 2010 SIKIYA DEVI, WIFE OF BISHUNDEO YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.9943 of 2010 SHANKAR YADAV, SON OF SRI GANESH YADAV Versus STATE OF BIHAR ----------- 2. 30/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. In the First Information Report, it has been stated that the petitioner Sikiya Devi had called the deceased to her house to remove a snake which had entered in the house and, thereafter, his dead body was discovered on the Verandah of library Bhawan. The Informant alleged that two days before the present occurrence, an altercation had arisen between petitioner Shankar Yadav and the deceased and he had variously assaulted him and when he was saved by the co-villagers, he had meted out threats to him, and, therefore, Informant suspected the present petitioners to have been involved in the commission of murder of her husband. The admitted position is that there is no eye witness to the occurrence and the entire case is based on circumstantial evidence. In view of such, let the petitioners above named, who are in custody since 23.9.2009 and 19.10.2008 respectively, be - 2 - released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in Shahkund (Sajour) P.S. Case No. 186 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. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)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. (iv)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. S.Ali (Anjana Prakash, J.)