IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45812 of 2009 SHIVNATH SAHNI, son of late Tahal Sahni Versus STATE OF BIHAR ----------- 3/ 12.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 304-B, 201/34 of the Indian Penal Code. Even though the occurrence is said to have taken place on 28/9/2008 and the informant learnt about this occurrence on 1.10.2008, but the First Information Report was instituted only on 3.10.2008 and thereafter witnesses started to support the prosecution case. There is no explanation as to why independent witnesses did not choose to give any information to any authority about this occurrence. Under the circumstances, there being no corroboration to the oral allegation by way of post most mortem report, let the petitioner, above named, who is in custody since 24.1.2009, 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 the Additional Sessions Judge-cum- Fast Track Court No. II, Samastipur, in connection with Sessions Trial No.166 of 2009 arising out of Khanpur P.S. case no.122 of 2008, 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 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.)