IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4889 of 2010 BANTI KUMAR SINGH @ SACHIN SINGH SON OF LATE LADDU SINGH Versus STATE OF BIHAR ----------- 3. 6.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The present first information report was instituted on the discovery of a female dead body, which later on transpired to be that of one Dharmrekha Devi. It transpired that in fact the husband of the said Dharmrekha Devi was a criminal and lodged in jail. Due to her own wayward activities she had been turned out from the house. The material that had been collected against the petitioner is that one month after the occurrence one Sulo Thakur appeared before the Investigating Officer and stated that he had heard the petitioner making an extra judicial confession about this occurrence. Two witnesses thereafter follow on the same lines. The petitioner’s confession was thereafter recorded. In view of the fact that there is no eye witness to the occurrence and the entire material against the petitioner based on extra judicial confession, which is vague and general, let the petitioner above named, who is in custody since 25.9.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Begusarai Mofussil P.S.case No.258 of 2009, 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, (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 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. In view of nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Begusarai within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the - 3 - Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )