IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.223 of 2010 KALANAND KUMAR SON OF MAHENDRA MANDAL, RESIDENT OF VILLAGE KISNIPATTI, P.S.GHOGHARDIHA, DISTRICT MADHUBANI, WRONGLY MENTIONED IN THE F.I.R. AS COMPUNDER OF DR. SEEMA SINGH, KALANAND MANDAL ---- PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : M/S Suraj Nr. Yadav and Umesh Prasad, Advocates. For the State : Mr. C. Jawahar, A.P.P. ------- 2/ 03.05.2010 Heard the parties. In a criminal prosecution for offence under sections 363, 369, 420 and 120B of the Indian Penal Code, it is submitted that the F.I.R. has been lodged after undue and unexplained delay of more than five months and this creates grave doubt about the genuineness and bonafide of the prosecution allegation. It is also submitted that the informant’s daughter-in-law gave birth to her son on 09.02.2009 after performing caesarian operation and the baby was kept in the incubator and subsequently he died. The death certificate is annexed as Annexure-2. It is also highlighted that merely on suspicion that the grand son of the informant was given to some another person, the present case was lodged belatedly, but that allegation was not found to be true even during the course of investigation. In that view of the matter, in the event of his - 2 - arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Darbhanga in Laheriasarai P.S. Case No. 210 of 2009, subject to the conditions as laid down under section 438(2) of the Cr. P.C., with a further conditions that : (A) one of the bailors must be government servant or close family members of the petitioners who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. ( Birendra Prasad Verma, J ) BTiwary/ - 3 -