IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24608 of 2010 LAL BABU RAI @ LAL BABU YADAV SON OF MUNARIK YADAV Versus STATE OF BIHAR ----------- 2. 22.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 328, 304B and 201/34 of the Indian Penal Code. It has been submitted that even though in the first information report the in-laws were alleged to have committed the murder of the deceased, but subsequently the informant filed a petition dated 16.2.2010 that in fact the case has been filed on a misconception and, therefore, he wishes to withdraw prosecution. In view of such, let the petitioner above named, who is in custody since 17.8.2009, 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 Additional Chief Judicial Magistrate, Danapur, District Patna in Paliganj P.s.case No.38 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner and (ii) 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 - 2 - liable to be cancelled for reasons of misuse. The Magistrate will notice the informant and confirm that he has filed a petition dated 16.2.2010 not under coercion before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )