IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27909 of 2009 PRAMOD YADAV SON OF JATAHI YADAV, RESIDENT OF VILLAGE KHIRA DIH, P.S. PARBATTA, DISTT. KHAGARIA …. PETITIONER Versus STATE OF BIHAR WITH Cr.Misc. No.30805 of 2009 1. BIDYANAND YADAV SON OF DEBKI YADAV 2. AMAR YADAV 3. MADAN YADAV, BOTH SONS OF RAMANAND YADAV, ALL ARE RESIDENT OF VILALGE KHIRADIH, P.S. PARBATTA, DISTT. KHAGARIA …. PETITIONERS Versus STATE OF BIHAR ----------- 3. 6.10.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. It has been submitted that even though the occurrence is dated 5.12.2008 the complainant/informant Janardan Yadav, the father of the deceased, filed a complaint only on 11.1.2009 i.e. about six weeks later alleging general allegation against twelve persons including the present petitioners. However before the present Complaint case No.56C of 2009 the husband of the victim Vinita Devi, namely Anirudh Yadav had filed a Complaint case No.1536C of 2008 on 10.12.2008 with regard to the same occurrence naming four persons i.e. Gopal Yadav, Pappu Yadav, Bambam Yadav and Sahadi Yadv and not the present petitioners. The motive for the - 2 - occurrence is that Gopal Yadav charged with having outrage the modesty of deceased Binita Devi, for which a case vide Khagaria P.S.case No.46 of 2008 dated 20.3.2008 has been instituted by Binita Devi against Gopal Yadav in which the petitioners are no where involved. In view of the submissions made above, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Parbatta P.S.case No.52 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, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial and if they fail to do so on two given dates and delays the trial in any manner then their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )