IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31427 of 2011 Salim Khalifa son of Suleman Khalifa Versus The State Of Bihar ----------- 2/ 22.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 448, 323, 324, 307 and 504/34 of the Indian Penal Code. The prosecution case is that the wife of the informant was previously married with co-accused Shahid Khalifa, who happens to be petitioner’s brother, and on the date of occurrence he along with petitioner came to his house and trying to take away Fatima Khatoon and when she protested she was assaulted by dagger. Submission is that injury caused by the petitioner is simple in nature and the petitioner is in custody since 22.05.2011 and he undertakes that he will not get in further dispute with the said Fatima Khatoon. Considering the same, 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 below to the satisfaction of the Sub- Divisional Judicial Magistrate, West, Muzaffarpur, in connection with Deoriya P.S. Case No.121 of 2010, 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 and another bailor shall be the wife of the petitioner. 2 The bailors will undertake to furnish information to the court about any change in the address of the 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. JA/- ( Anjana Prakash,J.)