IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25099 of 2009 RAJ KISHORE MAHALDAR SON OF JAGDISH MAHALDAR Versus STATE OF BIHAR With Cr.Misc. No.35023 of 2009 DHARMENDRA MAHALDAR SON OF LATE JAGDISH MAHALDAR Versus STATE OF BIHAR ----------- 3. 23.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that the marriage had taken place about twenty five years ago and it is not a case u/s 304B I.P.C nor there is any direct material apart from relationship in the case and earlier dispute between the parties, let the petitioners above named, who are in custody since 1.9.2008 and 22.2.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in connection with Sarsi P.S.case No.73 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the petitioners will give an undertaking that they will receive the 2 police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iii) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )