IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29580 of 2010 RINKU KUMAR @ DEEPAK KUMAR S/O KIRAN KUMAR JAISWAL Versus STATE OF BIHAR ----------- 2. 01.09.2010 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. It has been submitted that initially for the death of the deceased one Puja Kumari had instituted a case on 13.1.2009 which was registered as U.D. Case No. 20 of 1999. During investigation the investigating officer found certain materials in support that it was not an unnatural death but a case of murder and a regular case under Section 302 I.P.C. was instituted against several accused persons including the petitioner but the petitioner was not named therein. However five months after institution of the case, the informant of U.D. case gave a statement under Section 164 Cr.P.C. stating therein that the petitioner was one of the person who had assaulted the deceased. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 2 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 Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 378/2009, 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 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, (iv) 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. )