IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5293 of 2010 BANSHIDHAR SINGH, son of late Nathuni Singh Versus STATE OF BIHAR ----------- 2/ 23.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code. The prosecution case is that the petitioner suspected that his daughter has committed theft upon which he started to assault her and when the petitioner’s mother tried to intercede she was assaulted with brick on her head due to which she unfortunately died. Submission is that in the facts of the case no offence under section 302 of the Indian Penal Code would be made out. Taking into consideration the aforementioned submissions as also the relationship between the parties, let the petitioner, above named, who is in custody since 30th June, 2008, 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 the Additional Sessions Judge, Rohtas at Sasaram, in connection with S. Tr. No.31 of 2009, subject to the 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,(ii) 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. JA/- (Anjana Prakash, J.)