IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4623 of 2010 NARESH RAM son of Bindeshwari Ram Versus STATE OF BIHAR ----------- 5/ 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201 of the Indian Penal Code. It has been submitted that initially case was instituted against unknown persons for the recovery of the dead body of deceased Ram Chander Ram. During investigation, it transpired that the deceased had, in fact, attempted to commit rape upon the wife of the petitioner and therefore, on the exhortation of his wife the petitioner had done the deceased to death. However, there is no eye witness to the occurrence and this version has come from the confessional statement of the petitioner himself. In view of such, let the petitioner, above named, who is in custody since 5.9.2009 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Chhatapur P.S. Case No.116 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released - 2 - on bail, (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. JA/- (Anjana Prakash, J.)