IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25092 of 2010 CHANDRA SHEKHAR PODDAR s/o Sri Devendra Poddar Versus STATE OF BIHAR ----------- 3/ 26.10.2010 Counter affidavit on behalf of the informant has been filed. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 304-B of the Indian Penal Code. From the First Information Report, it appears that the informant has mentioned that he was given information by the Officer-in-charge of the police station about the occurrence and the case diary reveals that on information having been received about this occurrence the police proceeded to the place of occurrence and found the deceased as well as the petitioner present there and it was the petitioner, who provided the phone number of the informant for information to him. Considering the same, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Tilkamanjhi) P.S. case no.612 of 2009, subject to the 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 bailors will undertake to furnish information to the court about - 2 - any change in the address of the petitioner, and (ii) 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. It has been submitted on behalf of the informant that when a witness was produced on behalf of the prosecution for some reason or other his evidence was not taken. This should be discouraged by the trial court and if a witness appears for evidence, his evidence should be taken. In case there is any complaint about tampering of prosecution witnesses, due enquiry shall be done in the matter. JA/- (Anjana Prakash, J.)