IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43133 of 2009 MD.ASHGAR, son of Md. Gafoor Versus STATE OF BIHAR ----------- 3/ 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code. When the dead body of the sister-in-law of the informant was discovered the present case was instituted against unknown persons. Thereafter, during investigation, son, daughter-in-law and another witness disclosed that the deceased had said that the petitioner had threatened her for having been suspected to be a witch. However, there is no eye witness on the account of threat having been meted out to the deceased. Under the circumstances, let the petitioner, above named, who is in custody since 29.7.2009 and has no antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, West, Muzaffarpur, in connection with Saraiya P.S. case no. 99 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,(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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date - 2 - 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, and (iv) 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. JA/- (Anjana Prakash, J.)