IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4893 of 2010 1. CHANDRA SHEKHAR JHA SON OF LATE MADHUKANT JHA 2. PAPPU JHA @ NAVEEN JHA SON OF SRI CHANDRA SHEKHAR JHA 3. JITU JHA SON OF SRI CHANDRA SHEKHAR JHA Versus STATE OF BIHAR ----------- 2. 19.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364, 302, 120B and 201 of the Indian Penal Code. The petitioners have been named in the first information report on the basis of suspicion cast by the wife of the deceased on account of the fact that the deceased had left in the company of the present petitioners as well as the other to visit a temple in Nepal. Thereafter somehow the deceased drowned himself and postmortem examination of the dead body was done, in which it was found that the deceased had died on account of drowning. The present case has been instituted against the petitioners only on suspicion since they were one of the companions of the deceased. However there is no direct motive attributed against the petitioners nor they have any criminal antecedents. In view of such, let the petitioners above named, who are in custody since 20.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Harlakhi P.S.case No.48 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )