IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27093 of 2010 RAJESH MAHTO @ RAJESH KUMAR MAHTO, SON OF RAM BALAK MAHTO Versus THE STATE OF BIHAR ----------- 2. 11.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. Considering that there is no eye witness to the occurrence and the entire case is based on speculation that the dead body was in fact, of the wife of the petitioner and since he had marital discord with her, he committed the said occurrence, let the petitioner above named, 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 Sessions Judge, 1st, Patna City in Sessions Trial No. 958 of 2009 arising out of Bye-Pass P.S. Case No. 15 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. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)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 2 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. (iii)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. S.Ali ( Anjana Prakash, J.)