IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.772 of 2010 KAMRUDDIN @ KANNU, S/o Late Rashul Bax. Versus THE STATE OF BIHAR ----------- 03. 24.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201 of the Indian Penal Code. The prosecution case is that the daughter of the informant had gone to graze her cattle in course of which the cattle strayed in the fields of the present petitioner who tied the said cattle to a tree. Thereafter, the daughter of the informant did not come back home and in course of looking for her they found her dead body in a bamboo clump. The petitioner is named in the First Information Report since he was the person who had tied the cattle of the deceased to the tree on the basis of suspicion. Thereafter, in paragraph 15 one Md. Sharif was examined who supported the case of the informant only to the extent that the petitioner tied the cattle to the tree and the disappearance of the deceased. On 02.11.2009 i.e. two months later the same Md. Sharif was examined in paragraph 55 who gave an eye-witness account that it is the petitioner who assaulted the deceased and cut her neck, in paragraph 56 one Md. Idris was examined who - 2 - also stated likewise. It is not explainable as to why this version was given so late even though Md. Sharif happens to be the uncle of the deceased. Taking into consideration the afore-mentioned facts as also that the petitioner has no criminal antecedent and is in custody since 19.08.2009, 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 Chief Judicial Magistrate, Katihar in connection with Katihar (M) P.S. Case No. 88 of 2009 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. Vikash/- (Anjana Prakash, J.)