IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41339 of 2009 1.JAGDISH MANDAL, S/o Fedru Mandal 2.SITA RAM MANDAL, S/o Fedru Mandal Resident of village Ghat Chikni, P.S.Kursakanta District Araria---------------------petitioners Versus THE STATE OF BIHAR--------------------opp.party ----------- 2. 01.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioners have been named in the F.I.R. only on suspicion and there is no eye-witness to the occurrence but subsequently it transpired that the wife of the co-accused Basudeo Mandal was having love affairs with the deceased due to which he was variously assaulted, let the petitioners, who are in custody since 27.8.2009 and have no criminal antecedent, be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Kursakanta P.S.Case No. 31/2008 corresponding to G.R.No. 672/2008 on the following conditions :- 2 (1) 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, (2) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail & (3) 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. (Anjana Prakash) Spal/