IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40500 of 2009 1. ARBIND YADAV SON OF SURESH CHANDRA 2. DEOKI YADAV SON OF ANANDI YADAV Versus STATE OF BIHAR ----------- 2/ 27-11-2009 Heard both the parties. The petitioners seek bail in a case instituted under section 302 and 201/34 of the Penal Code. It has been submitted that even though the occurrence is dated 05.12.2008 the complainant/ informant, Janardan Yadav, the father of the deceased, filed a complaint only on 11.1.2009, i.e., about six weeks later alleging general allegation against twelve persons including the present petitioners. However, before the present Complaint Case No. 56C of 2009 the husband of the victim Vinita Devi, namely, Anirudh Yadav, had filed a Complaint Case No. 1536C of 2008 on 10.12.2008 with regard to the same occurrence namingfour persons i.e., Gopal Yadav, Pappu Yadav, Bambam Yadav and Sahadi Yadav and not the present petitioners. The motive for the occurrence is that Gopal Yadav was charged with having outrage modesty of deceased Binita Devi, for which a case vide Khagaria P.S. Case No. 46 of 2008, dated 20.3.2008 has been instituted by Binita Devi against Gopal Yadav in which the petitioners are no where involved. In view of the submissions made above, let the - 2 - above named petitioners be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Parbatta P.S.Case No.52 of 2009, subject to the conditions : (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial and if they fail to do so on two given dates and delays the trial in any manner then their bail will be liable to be cancelled. ( Anjana Prakash, J ) BTiwary/