IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5370 of 2010 CHANDAN PASWAN, SON OF BAJRANGI PASWAN Versus STATE OF BIHAR ----------- 3. 12/05/2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 304B and 201 of the Indian Penal Code. The prosecution case is that the daughter of the Informant was married to one Kamlesh Kumar but they were not pulling on well. On the date of occurrence, he was informed by his son-in-law that a dacoity had taken place upon which he went to the house of his son-in-law and found his daughter dead and his son-in-law injured. However, he suspected some foul play and whereupon this present case was instituted. During investigation, the son-in-law of the Informant confessed his guilt and stated that he had hired the services of one Ranjan Srivastava who had committed this occurrence. He did not name the petitioner. However, still later, it was discovered that certain phone calls had been made from one Mobile to the Mobile of the husband of the deceased and when the same was traced, it led to the petitioner’s father where it was learnt that the Mobile at that relevant period was in custody of the petitioner. However, there is no connection of the petitioner in the entire episode and even though his confessional statement was taken by the Police when produced before the court for recording the same under Section 164 Cr. P.C., he completely denied it. In view of such, let the petitioner above named, who is in custody since, be released on bail on furnishing bail bond of Rs. 5,000/- - 2 - (Five thousand) with three sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara, in Ara Town P.S. Case No. 370 of 2009 subject to the following 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 and the other shall be the father of the petitioner and the 3rd bailor will be the local since the petitioner belongs to Utter Pradesh. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv)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. S.Ali (Anjana Prakash, J.)