IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16315 of 2010 1. MOTI LAL RAI, SON OF LATE SARVJEET RAI 2. SHEELA DEVI, WIFE OF MOTILAL RAI Versus THE STATE OF BIHAR ----------- 2. 18.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that on the night of occurrence, she heard strange sounds from the room of her husband and when she went there, she saw the petitioner No. 1 twisting the testicles of the deceased whereas the petitioner No. 2 was pressing his mouth. The background of the case is that the petitioner No. 1 happens to be the son-in-law of the Informant but after death of his wife, i.e. the daughter of the Informant, he married the petitioner No. 2. Out of the earlier wedlock, a son had been born who was living along with the deceased and the deceased had bequeathed his property to his maternal-grand-son but subsequently, he also died. It was alleged that the petitioner No. 1 to grab the property of his son, had in fact created some false documents, on account of which a title suit is pending between the parties. It is submitted that on account of this civil dispute, the petitioners have been falsely implicated in the present case and the entire story appears to be highly unbelievable. 2 In view of such and also that the post mortem examination report even though suggests that death on account of scrotal injury viscera has been preserved for forensic examination but the report has not been received as yet, let the petitioners above named, who are in custody since 6.12.2009, 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 F.T.C.-III, Gopalganj, in Sessions Trial No. 127 of 2010 arising out of Baikunthpur P.S. Case No. 169 of 2009, G.R. No. 2877 of 2009 subject to the following 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 address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not a 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. (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 3 manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali ( Anjana Prakash, J.)