IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35324 of 2011 1. Pinki Devi, wife of Madhu Mistri. 2. Deovanti Devi wife of Shambhu Mistri. 3. Ram Bilash Mistri son of Chotu Mistri. Versus The State Of Bihar ---------------------------------- 3 19.12.2011 Learned counsel for the petitioners is permitted to make correction in paragraph-1 of the petition. Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under Sections 302, 201, 34 of the Indian Penal Code. The prosecution case is that the informant learnt that his wife had been done to death by his family members on account of property dispute. During investigation, nothing cogent came against the petitioners who happen to be the informant’s sisters-in-law and father respectively. Thereafter, the informant also filed a petition in the court below resiling from his earlier statement. Considering the same, it is ordered that in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Hulasganj P.S. Case No. 17of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, subject to conditions as laid down under section 438(2) Cr.P.C., and (i) 2 That one of the bailors 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Md. Ibrarul ( Anjana Prakash, J.)