IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22251 of 2010 CHHOTAN SINDURIA S/O JAIRAM SINDURIA @ JAIRAM LAL Versus THE STATE OF BIHAR ----------- 3. 15.09.2010 Heard learned Counsel for the petitioner, Counsel for the informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457, 380, 511, 326 and 307 of the Indian Penal Code. The prosecution case is that on 9.3.2010 the informant found his daughter injured who stated that the petitioner was trying to commit theft of Solar Energy System’s wire and when she protested in course of running away he stabbed her and ran away. This First Information Report was instituted on 19.4.2010. In the meanwhile on 11.3.2010 the informant had given information about this case at Danapur Sadar Hospital but he did not disclose the names of any accused. From the medical report it appears that the injured was admitted to the hospital on 10.3.2010 and discharged on 25.3.2010 and it is almost three weeks later that the present case was instituted. 2 It has been submitted that even considering the entire prosecution case no offence under Section 307 I.P.C. is made out since the petitioner said to have assaulted the injured in the course of fleeing away to save his own life. The informant has opposed the prayer for bail and submits that there is a delay of institution of the case the same was on account of the victim being unconscious during this period. This fact is not corroborated from the documentary evidence. In view of such, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Jahanabad in connection with Mehandia P.S. Case No. 33/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall 3 clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )