IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2166 of 2010 NEHAL @ NEHAL ALAM, S/o Khalilur Rahman. Versus THE STATE OF BIHAR ----------- 04. 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 201 and 120B/34 of the Indian Penal Code. When the dead body of a lady and child was recovered the present case was instituted against unknown persons. During investigation it transpired that the lady was having a relation-ship with one Dr. Md. Qaiser whose marriage had recently been fixed with another lady due to which in all probability the brother of Dr. Qaiser has committed the present occurrence in which the present petitioner is involved. Belatedly the statements of the family members of the deceased have been recorded stating therein that the deceased had been taken away by the accused persons but there is no explanation as to why no information was given about this occurrence by the family members of the deceased lady. Under the circumstances, let the petitioner above named who is in custody since 08.06.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with - 2 - two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 158 of 2008 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. (ii) 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. (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. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)