IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25800 of 2010 FUKAN SAH @ JUGESHWAR SAH S/O LATE MUSHHAR SAH Versus STATE OF BIHAR ----------- 3. 06.10.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 324, 326, 307/34 of the Indian Penal Code and Section 302 also added. It has been submitted that in the First Information Report which was given by way of a dying declaration by the deceased at 9.15 p.m. of 9.3.2010 there is an allegation against both the persons of having committed her death by burning out. However, the medical report annexed as annexure no. 2 shows that at 7.10 p.m. on the same day when the deceased was admitted in the hospital that the patient was unconscious and the treatment had begun at 8.30 p.m. On this the submission is that in fact the entire story of dying declaration is completely false. Further submission is that during investigation some witnesses stated that the 2 deceased has herself set on fire on account of creating some evidence against the co-accused persons for reasons of land dispute. 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 learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 88/10, subject to the conditions, (i) That one of the bailor 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 undertake to furnish information to the Court about any change in 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 3 to initiate the proceeding for cancellation of bail on 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )