IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33483 of 2011 Pankaj Yadav @ Pankaj Kumar S/O Yogendra Yadav R/O Village - Bishaini, P.S. Muffasil, District – Aurangabad …Petitioner Versus 1. The State Of Bihar …OP ---------------------------------- 3/ 20.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201, 120-B/34 of the Indian Penal Code. Prosecution case is that the deceased left her home on 27.06.2011 when she received call on her mobile. Two days later her dead body was discovered. The petitioner was not named in the First Information Report. Subsequently, he was suspected in the present case since she had allegedly taken money from the deceased for insuring her against her death and had given her Insurance Certificate. Phone call of the petitioner was traced to that of the deceased a day prior to the occurrence. It is submitted that the petitioner does not stand to gain in any way by the death of the deceased since neither he was a nominee nor he was owing any money to her. Considering the same as also that there is no direct material against the petitioner, who has fair antecedents, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in 2 connection with Aurangabad Muffasil P.S. Case No.167 of 2011, 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. The bailors will undertake to furnish information to the court about any change in the address of 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 bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 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, and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)