IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.86 of 2010 DINESH DUBEY, SON OF LATE LALAN DUBEY Versus STATE OF BIHAR ----------- 4. 29/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The Informant has alleged that her four years old son had been done to death by her brother-in-law and his two sons and his dead body was disposed of without adequate notice. The Informant herself is not an eye witness but she alleges that the occurrence took place on 20.7.2009 but reported the matter on 23.7.2009. On 4.9.2009 some eye witnesses gave a statement under Section 161 Cr. P.C. alleging the complicity of the present petitioner but they do not give any explanation as to why they did not report a cognizable offence to any authority when they had witnessed the murder. In such of view of the matter, let the petitioner above named, who is in custody since 27.8.2009 and has no criminal antecedents, 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, Rohtas at Sasaram in Sasaram (Darigaon) P.S. Case No. 582 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 - 2 - 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 given 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.)