IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39191 of 2009 SHAILENDRA KUMAR @ SHAILENDRA SINGH, son of Kishori Prasad Singh Versus STATE OF BIHAR ----------- 2/ 11.11.2009 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 364, 201/34 of the Indian Penal Code. It has been submitted that the date of occurrence is 9.6.2009, on which date the husband of the informant went missing and so, the informant instituted a Sanha on 12.6.2009, wherein, she did not name any one. Subsequently, on 13.6.2009, the present first information report was instituted with the allegations that it is the petitioner, who had called away the husband of the informant. Further submission is that had it been the fact that the petitioner had called away the husband of the informant, this fact would have been mentioned at the earlier instance and not belatedly after four days. Considering the submission, let the petitioner above named, who is in custody since 31.7.2009, 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 Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon (Ghogha) P.S. case no.317 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, and (ii) 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 - 2 - 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. It has been submitted by the counsel for the petitioner that he is accused only in one more case besides the present one which is mentioned in paragraph 11 of the petition but the counsel for the informant disputes this fact and submits that in the case diary as many as five cases have been mentioned to be pending against the present petitioner. The court below before releasing the petitioner will verify this fact and if it is found that the petitioner is accused in more than two cases i.e. the present one and another mentioned in paragraph 11 of the petition, the petitioner will not be released on bail. JA/- (Anjana Prakash, J.)