IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30769 of 2011 Chandrama Mahto, son of late Nathuni Mahato Versus The State Of Bihar ---------------------------------- 3. 29.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 324, 326, 307 and 120(B)/34 of the Indian Penal Code. The petitioner is the elder brother of the husband of the deceased who gave a dying declaration suspecting the petitioner’s family, her husband and friend of her brother-in-law (Bhainsur) have sprinkled Kerosene on her and her daughter on account of which they were burnt. The reason for the occurrence is land dispute between the parties. It has been submitted on behalf of the petitioner that there was partition in the family long before the present occurrence and the petitioner had no animosity with the deceased or her daughter, so there was no question of him having burnt to death. The further submission is that the petitioner was one who had taken the two injured to the Hospital from where he was arrested. The fact that the petitioner was arrested from the hospital is evident from the paragraph-20 of the case diary. 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 2 other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Dihri Nagar P.S. Case No. 65 of 2011, subject to the following 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 bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall 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 the 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 and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)