IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33224 of 2011 Pramod Khatri @ Pramod Kumar, son of Sri Jagu Lal Versus The State Of Bihar ---------------------------------- 4. 22.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the husband of the Informant was taken away by the petitioner on 4.7.2011 after reserving his Tempo at about 11.00 P.M. Her husband was brought home in an injured condition at which they took him N.M.C.H. In course of treatment, he died on 7.7.2011. The Informant alleged that when her husband had gained consciousness in between and said that the petitioners had caused his death. It has been submitted on behalf of the petitioner that previously in the year 2005 the petitioner had filed a case against husband of the Informant under Sections 406, 379 and 341 of the Indian Penal Code so there was no question of deceased leaving with the petitioner in the background of enemity. The further submission is that even though, the deceased is said to have disclosed the names of the assailants before his death, the First Information Report had been instituted only on 7.7.2011 after his death which makes the fact of the deceased disclosing the names of the accused 2 suspicious. There is no further eye witness to the occurrence. In view of such as also that the petitioner has fair antecedent, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Patna City, in connection with Malsalami P.S. Case No. 100 of 2011, 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. The bailor will also undertake to inform the Court if there is 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 3 consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)