IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8586 of 2010 1. USHA DEVI, wife of late Sanjay Mahto & 2. Munna Kumar @ Bhukala Mahto, son of Nagendra Mahto Versus STATE OF BIHAR ----------- 2/ 15.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code. After an unknown dead body was found by the Hawaldar-informant, he instituted the present case against unknown persons. Thereafter it transpired that the dead body was that of one Sanjay Mahto. During investigation, one Raja Mahto, the cousin of the deceased, in his confessional statement stated that the wife of the deceased (petitioner no.1) and the deceased on the previous day of the occurrence had had quarrel and then the deceased was found dead. To screen themselves, the accused then connived with each other and threw the dead body on which discovery by the Hawaldar the present case was instituted. Considering the relationship of the parties as also the fact that there is no eye witness to the occurrence, let the petitioners, above named, who are in custody since 14.82009 and 8.12.2009 respectively, 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, Begusarai, in connection with Town P.S. case no. 321 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, - 2 - (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)