IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9330 of 2010 SANJAY KUMAR MUKHIYA @ SANJAY MUKHIYA, SON OF LALLAN MUKHIYA Versus STATE OF BIHAR ----------- 2. 17/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The Informant has alleged that while she was away, her son-in-law had come to her ancestral house during which period he is said to have gone towards the fields, but did not return and later on his dead body was recovered from the canal. The Informant’s daughter i.e. the deceased is wife informed her that the deceased had an altercation with some accused persons mentioned in the F.I.R. During investigation, it transpired that in fact, the wife of the deceased was having an affair with the present petitioner and the petitioner used to live in her house and he along with deceased wife and other co-accused persons had done the deceased to death. In view of the fact that there is no eye witness to the occurrence and the petitioner is in custody since 22.10.2006, let the petitioner above named, 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 Additional Sessions Judge, F.T.C. No. 5, Rohtas at Sasaram in connection with Sessions - 2 - Trial No. 100 of 2007 arising out of Natwar P.S. Case No. 43 of 2006 subject to the following 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. S.Ali (Anjana Prakash, J.)