IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16439 of 2011 GAFFAR MIAN Versus THE STATE OF BIHAR ----------- 02. 10.05.2011 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kuchaikot P.S. Case No. 4 of 2011 for offence punishable under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner with reference to the allegation as set out in the F.I.R. submits that no specific overt act has been attributed to the petitioner and that a general and omnibus allegation has been set out against all the accused persons of assaulting the husband of the petitioner and which consequently led to his death. He thus submits that the prayer of the petitioner may be considered in absence of there being any specific overt act attributed to this petitioner. Considering the circumstances and the submission of learned counsel, let the petitioner Gaffar Mian be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kochaikot P.S. Case No. 4 of 2011 subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed and the failure on his part to ensure his representation before the court 2 below on two consecutive date fixed without reasonable explanation to the satisfaction of the court concerned would entitle the court below to cancel the bail bond of the petitioner and to take him into custody. S.Sb/- (Jyoti Saran, J.)