IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35816 of 2010 1. VIJAY KUMAR KUSHWAHA @ VIJAY KUSHWAHA, son of Gopal Mahato 2. Draupati Kushwaha @ Draupati Devi, wife of Gopal Mahto Petitioners Versus STATE OF BIHAR OP ----------- 2/ 12.10.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 328 and 302/34 of the Indian Penal Code. It has been submitted that it is not a case under section 304 B of the Indian Penal Code which would raise a presumption against the petitioners and there is no direct material against them. Considering the same, let the petitioners above named, who are in custody since 04.06.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 157 2 of 2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of 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, and (iii) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Ashwini/- ( Anjana Prakash, J. )