IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8755 of 2010 1. GORAKH NUT 2. RAM RAJ NUT, SONS OF LATE NARESH NUT Versus STATE OF BIHAR ----------- 2. 15.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. In the first information report it has been stated that the deceased told the informant that he had been variously assaulted by the three accused persons, due to which he died. During investigation it transpired that the deceased had a relationship with a professional dancer and sister of the present petitioners, which was opposed to by his family members. This prompted him to commit suicide. The postmortem report did not reveal any definite cause of death, due to which the viscera was sent to the F.S.L. Under the circumstances, let the petitioners above named, who are in custody since 28.10.2009, 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 Sub Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in Sanjhauli P.S.case No.70 of 2008, 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 - 2 - 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. )