IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8173 of 2010 SURYADEV CHOUDHARY, SON OFLATE RAM NRITYA CHOUDHARY Versus THE STATE OF BIHAR with Cr.Misc. No.9965 of 2010 LALAN CHOUDHARY, SON OF SRI MAHESHWAR CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 22/03/2010 Heard learned Counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code. The occurrence is said to have taken place at 7.00 A.M. in the morning and the Fardbeyan was given at 12.45 P.M. by the brother-in-law of the deceased stating therein that his daughter-in-law, Santolia Devi, informed that her mother-in-law had been killed by unknown persons and her dead body was lying in the fields. Three days later, the said Santolia Devi was examined who alleged that it is the Informant and others who were involved in the occurrence. Yet another 23 days later, the wife of one of the brothers of the Informant appears as an eye witness stating therein that it was the petitioner who cut throat of the deceased but there is no explanation as to why she did not report this matter earlier, if not to the police even to the Informant, being such a close relative of the deceased. In view of such, let the petitioners above named, who - 2 - are in custody since 29.1.2010 and 21.2.2010 respectively, 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, Madhubani, in Arer P.S. Case No. 23 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. (ii)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. (iii)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)