IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23916 of 2010 1. KANAHAIYA PRASAD YADAV SON OF MANAGER YADAV 2. BHIKHA DEVI WIFE OF KANAHAIYA PD. YADAV Versus STATE OF BIHAR ----------- 2. 19.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 328/34 of the Indian Penal Code. It has been submitted that the petitioners are parents- in-law of the deceased and it being not a case u/s.304B I.P.C., no presumption can be drawn against the in-laws of the deceased and there is no eye witness to the occurrence. There is only speculation that the deceased had been done to death by her in-laws. In view of such, let the petitioners above named, who are in custody since 17.6.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Banka (Barahat) P.S.case No.315 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioners and (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be - 2 - present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )