IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5476 of 2010 GURU CHARAN RAM S/O LATE ANGREHIT RAM Versus STATE OF BIHAR ----------- 2. 24.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The deceased is the father of the present petitioner and the present petitioner and his wife used to always demand that the pension amount be distributed among all of them, to which the deceased used to refuse. On the date of occurrence a fresh demand was made, upon which an altercation took place between the parties and thereafter the present petitioner and his wife are said to have variously assaulted with lathi, fists and slaps, due to which the deceased died. The submission is that in the facts of the case, no offence u/s.302 I.P.C. would be made out. Under the circumstances, let the petitioner above named, who is in custody since 30.7.2009 and has no criminal antecedents, 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 C.J.M., Rohtas, Sasaram in Nokha P.S.case No.119 of 2009, 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, (ii) that the affidavit shall clearly state that the petitioner - 2 - is not an accused in any other case and if he is he shall not be released on bail and (iii) 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. Narendra/ ( Anjana Prakash, J. )