IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20351 of 2010 MD.MUMTAZ SON OF LATE MD. JHUMRATI, RESIDENT OF VILLAGE MALMAL, P.S. KALUAHI, DIST. MADHUBANI – PETITIONER. Versus THE STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : Mr. Gagandeo Yadav, Adv. For the State : Mr. B.M.Pd. Sinha, A.P.P. ---- 2/ 16.06.2010 Heard the parties. In a criminal prosecution originally instituted for offences under section 307/34 and other allied offences of the Indian Penal, in which subsequently offence under section 302 I.P.C. was also added, there is specific allegation of tying the hands and legs of the informant against co-accused Md. Jahir, the husband of the informant. Co-accused Jahir is alleged to have sprinkled kerosene oil, whereafter co-accused Md. Jahoor, the elder brother of the husband of the informant, is said to have set fire, as a result of which she sustained burn injury. The petitioner is not alleged to have participated in any manner in the occurrence in question. He is only alleged to have pushed the informant and said that she was herself responsible for the said burn injury. It is submitted by learned counsel for the petitioner that even according to prosecution case neither a case under section 307 nor a case under section 302 I.P.C. is attracted against the petitioner, who is in judicial - 2 - custody since 04.12.2009. In the aforesaid facts and circumstances , let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, F.T.C. II, Madhubani in Khajauli ( Kaluahi ) P.S. Case No. 380 of 2008/ S.T. No. 311 of 2009 , subject to conditions that : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. ( Birendra Prasad Verma, J ) BTiwary/