IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39622 of 2009 1. ARUN KUMAR PANDEY @ ARUN PRAKASH PANDEY @ ARUN PANDEY SON OF SUKHDEO PANDEY. 2. SANTOSH KUMAR PANDEY @ SANTOSH PANDEY SON OF ARUN PANDEY. Versus THE STATE OF BIHAR ----------- 2/ 23-11-2009 Heard both the parties. The petitioners seek bail in a case institution under section 302 and other allied section of the Penal Code. Taking into consideration the fact that there is counter version of the same occurrence wherein the wife of petitioner no.2 instituted an F.I.R. in the hospital stating therein that an attempt to commit rape had been made upon her by the deceased Chandan Kumar and then this occurrence took place, let the above named petitioners who are in custody since 01.06.2009 and have no criminal antecedent , be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Turkauliya P.S. Case No. 96 of 2009 on the conditions : (i) 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 - (ii) 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, (iii) 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 he fails 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, J ) BTiwary/