IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5897 of 2010 1. RAM LAKHAN MAHTO SON OF JAGRUP MAHTO 2. RAM PUKAR MAHTO SON OF JAGRUP MAHTO Versus STATE OF BIHAR ----------- 3. 19.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code. The prosecution case is that the daughter of the informant was missing since 12.8.2009 and thereafter her dead body was found on 15.8.2009 and thereafter the present case was instituted casting suspicion against the petitioners and other accused. During investigation one eye witness stated that he had seen the petitioners taking away the daughter of the informant, but there is no explanation as to why he did not disclose this fact to the informant earlier even though efforts were being made by the informant and other co-villagers to find the missing child. In view of such, let the petitioners above named, who are in custody since 5.11.2009 and 16.8.2009 respectively and have no criminal antecedents, be 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 C.J.M., Motihari in Turkaulia P.S.case No.197 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who - 2 - will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 and (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )