IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35124 of 2009 BARISTAR MISHRA @ BALISTAR MISHRA SON OF LATE CHANDRADEVO MISHRA, RESIDENT OF VILLAGE – PIPARA MOHALL AGARWA, P.S. SEWARAHI, DISTT. KUSHINAGAR (UTTER PRADESH) ------- PETITIONER Versus STATE OF BIHAR ----------- 2. 15/10/2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 201, 34 and 120B of the Indian Penal Code. It has been submitted that the reason for the occurrence is that the daughter of the present petitioner allegedly was having an illicit relationship with the deceased and therefore this occurrence has taken place. However, there is no eye witness to the occurrence and the dead body was recovered five days later and apart from a bald allegation, there is nothing against the petitioner. Taking into consideration the aforementioned facts as also that the petitioner has no criminal antecedent and is in custody since 27.7.2009, 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 Sri R.K. Pandey, 1st Class Judicial Magistrate, Gopalganj, in connection with Kuchaikot P.S. Case No. 136 of 2005 subject to the following conditions: (i) That one of the bailors will be a close relative of the 2 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 an 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 consecutive dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S. Ali (Anjana Prakash, J.)