IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6760 of 2010 ARUN KUMAR SINGH @ ARUN SINGH @ ARUN KUMAR son of Late Shiv Nandan Sharma Versus STATE OF BIHAR ----------- 3/ 21.05.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 364-A/34, 302, 201 of the Indian Penal Code. The prosecution case is that the informant’s son aged about eight years left with the nephew of the petitioner, namely, Saket Sharma to play some game. Thereafter, the child could not be traced. So, the present case was instituted casting suspicion upon the petitioner since the deceased had gone to his house to play. Later on, dead body of the child was recovered from the orchard belonging to the petitioner, but there is no cogent material to link that the petitioner in any way participated in the occurrence. In view of such, let the petitioner, above named, who is in custody since 17.11.2009, 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 Sri R. K. Tripathi, Judicial Magistrate, 1st class, Patna, in connection with Phulwari (Janipur) P.S. Case No. 160 of 2005, subject to the 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. Another bailor shall be the brother/wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the - 2 - petitioner, (ii)That the bailors shall also state on affidavit that they 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, and (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. The fact that the petitioner is accused in only three cases will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)