IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45751 of 2009 VIKASH KUMAR, son of Malahu Ram @ Shambhu Ram Versus STATE OF BIHAR ----------- 2/ 11.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302,201,120-B/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is the own cousin of the deceased child, who is said to have lost her life when the petitioner and others tried to close her mouth when she was crying and died due to suffocation, and the submission that in the facts of the case no offence under section 302 of the Indian Penal Code would be made out, let the petitioner, above named, who is in custody since 17th February, 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 Additional Sessions Judge, IV, Barh, Patna, in connection with S. Tr. No.789 of 2009 arising out of Mokama P.S. case no. 27 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 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. JA/- (Anjana Prakash, J.)