IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17203 of 2011 Prithvi Singh @ Prithvi Narayan Prasad Singh son of Late Sarwan Singh Versus The State Of Bihar ----------- 2. 6.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.147, 148, 149 and 302 of the Indian Penal Code. The petitioner was refused bail by an order dated 27.9.2010 vide Cr.Misc.No.24478 of 2010 since there was an allegation against him of having dealt a bhala blow on the chest of the deceased, on account of which he died. The petitioner has renewed his prayer for bail bringing on record the fact that there was a counter version of the occurrence in which he had stated that his daughter-in-law was attempted to be raped and being enraged this occurrence had taken place. This fact was supported during enquiry by the daughter-in-law and the son as well. Considering the same, let the petitioner above named, who is in custody since 7.7.2010, 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 Sessions Judge 2nd, Danapur (Patna) in S.Tr. No.1161 of 2010 arising out of Maner P.S. case No.304 of 2009, subject to the conditions (i) That one of the bailor will be a close - 2 - 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 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 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )