IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13102 of 2010 CHANDAN KUMAR SINGH SON OF DHARAM NATH SINGH Versus THE STATE OF BIHAR With Cr.Misc. No.14824 of 2010 MANU KUMAR SINGH SON OF SURESH CHANDRA SHARMA Versus STATE OF BIHAR ----------- 2. 28.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364, 302 and 201 of the Indian Penal Code. The prosecution case, on the basis of the written report of the informant given on 2.11.2009, is that on 28.10.2009 the petitioners had come to her house and petitioner Chandan Kumar Singh had spoken to his daughter Nisi Kumari, whereafter she was found missing from the house after mid-night. During investigation the dead body of Nisi Kumari was recovered from the village. During investigation it also transpired that the deceased had illicit relationship with one Durgesh and since it was opposed by her parents, she committed suicide and thereafter her dead body was disposed of, due to which charge sheet was submitted u/s.306/34 I.P.C. even against the father of the deceased. In view of the above and also that there is no eye witness to the occurrence, let the petitioners above named, who are in custody since 12.11.2009 and have no criminal antecedents, - 2 - 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, Siwan in Baraharia G.B. Nagar P.S.case No.167 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. The bailor will undertake to furnish information to the court about any change in the address of 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, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) 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. Narendra/ ( Anjana Prakash, J. )