IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27956 of 2011 Radheshyam Pandey, son of Late Prithwi Nath Pandey Versus The State Of Bihar ---------------------------------- 3. 23.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. The prosecution case is that the petitioner who happens to be the step son of the deceased was on litigating term with her and throttled her to death. During investigation some witnesses saw the petitioner fleeing away. However, some independent witnesses stated that on the date of occurrence the Informant had come and told them that the deceased had not returned home and, thereafter, they went looking for her and found her dead body indicating that the Informant was not an eye witness, as claimed by him in the F.I.R. The submission is that the deceased used to live with the father of the Informant and, petitioner was a step-son having litigations with her, therefore, there was every motive to implicate the petitioner in the present case. 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 2nd Additional District and Sessions Judge, Saran at Chapra, in connection with Khaira P.S. Case No. 73 2 of 2010 (Sessions Trial No. 475 of 2011), 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. (v) 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. S.Ali ( Anjana Prakash, J.)