IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19619 of 2010 ASHOK SINGH Versus STATE OF BIHAR ----------- 03/ 14.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Begusarai Muffasil P.S. Case No. 35 of 2010 for offences punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code. The petitioner is charged with causing death of the husband of the informant. Learned counsel for the petitioner submits that except suspicion there is no direct or indirect allegation connecting the petitioner with the alleged crime. He submits that the only reference to this petitioner in the entire transaction is that the husband of the informant had gone for recovery of loan of Rs. two lacs which allegedly had been given to the present petitioner for facilitating the purchase of a motor vehicle. Learned counsel, with reference to the statement made in the F.I.R. itself, submits that the informant has accepted that she had talked with the husband much after he had left the house and that relevant time there was nothing to suggest that the life of the husband was in danger at the hands of the petitioner. Learned counsel, with reference to the copy of the postmortem report placed at Annexure-2 of the application, submits that the nature of injuries suggests that the death may have been caused by reason of an accident. Learned counsel thus submits that the petitioner has been roped in the present proceedings merely by reason of the fact that the husband of the informant - 2 - had proceeded to his house for making the recovery. Having regard to the submissions made by learned counsel appearing on behalf of the petitioner, let the petitioner Ashok Singh 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 35 of 2010 subject to the following condition: (i) That a close relative of the petitioner would stand as one of the bailors and who would also indicate his relationship with the present petitioner; (ii) The said bailor would be under a duty to inform the Court below in case the petitioner is named or gets involved in any further case of similar nature and whereupon the court concerned would be at liberty to initiate proceedings for cancellation of the bail bonds of the petitioner and for taking him into custody. (iii) The petitioner would be attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court concerned would entitle the court concerned to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)