IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23214 of 2010 1. MD.RAYEES MIAN son of Sharif Mian, 2. Sharif Mian son of late Thag Mian, Residents of village Kathiya Mathia Tola, Parsurampur, P.S. Kangali, District West Champaran… . …Petitioners Versus THE STATE OF BIHAR… Opposite Party For the Petitioners: Mr. Md. Nadim Seraj, Advocate ----------- 4 04.08.2010 Heard learned counsel for the petitioner. No one appears on behalf of the State. Petitioners seek bail in a case registered for offences punishable under section 304B/34 of the Indian Penal Code. On earlier occasion petitioners’ prayer for bail was rejected by this Court vide order dated 21.12.2009 in Criminal Miscellaneous No. 40280 of 2009, a copy of which has been appended as annexure 1 to this application. However, liberty was granted to the petitioners to renew the prayer for bail, if the trial is not concluded within six months. It is submitted on behalf of the petitioner that it has come during the course of investigation that the petitioners were engaged in the agricultural work at the time of the alleged occurrence and that apart, they are living separately from the deceased and her husband. It is also stated that the 2 first information report was lodged after 35 hours after the occurrence and in fact, the informant and his family members had participated in the funeral of the deceased. In the earlier order of rejection of the prayer for bail of the petitioner it had been noticed that the charges have been 15.07.2009 and out of 13 witnesses only two witnesses have been examined. I have perused the report of the trial court, which is kept at Flag “A” and it appears therefrom that even after lapse of more than seven months only P.W. 3 has been examined on 29.01.2010 and thereafter till the date of the report, no witness has been examined. The petitioners are stated to be in custody since 28.07.2008 and 30.08.2008, respectively. Having regard to the facts and circumstances of the case and in view of the period of incarceration of the petitioners as well as the fact that though the trial court was directed to conclude the trial preferably within six months, after lapse of seven months of the framing of the charge only three witnesses have been examined, I direct the abovenamed petitioners to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judge, West Champaran at Bettiah in 3 Sessions Triual No. 353/2009 arising out of Kangali Police Station Case No. 16/2008 with further condition that one of the bailors must be close relative or family member of each of the petitioners, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. The petitioners shall remain present on each and every date during the course of the trial and failing in appearance on two consecutive dates in course of trial without any reasonable cause shown by them, the court concerned would be at liberty to take steps for cancellation of their bail bonds. SC ( Dr. Ravi Ranjan, J.)