IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11578 of 2011 Shashi Bhusan Shahi, son of Sri Radha Raman Sahi Versus The State Of Bihar ----------- 4. 26.7.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 328 and 302/34 of the Indian Penal Code. The prosecution case is that the petitioner who was the father-in-law of the deceased came to the house of the Informant along with his son and administered poison to his son-in-law. The reason for the occurrence that there was some matrimonial dispute between the deceased and the petitioner’s daughter. During investigation, the daughter of the deceased aged about seven and half years was examined, who stated that the occurrence took place on account of the fact that her mother was insisting on staying at her Naihar to pursue the Homeopathy course. On the date of occurrence, the deceased in anger over discussion on this issue, consumed poison and when his condition started deteriorating, her maternal uncle was called by her mother and, thereafter, he was removed to the Hospital, where he died. Considering the same, let the petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Gopalpur P.S. Case No. 123 of 2010, shall be released on anticipatory bail on furnishing bail bond of Rs. 2 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, subject to conditions as laid down under Section 438(2) Cr. P.C., and (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. The bailor will undertake to furnish information to the court about any change in the address of 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) 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. (v)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.)