IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35951 of 2009 MOTI SAH SON OF LATE JAWAHAR SAH Versus THE STATE OF BIHAR ----------- 2. 20.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307/34 and 302 of the Indian Penal Code. Taking into consideration the fact that in the first information report, which is a dying declaration of the deceased, who had said that his wife had lighted the match- stick and burnt the chowki on which he was sleeping and thereafter the petitioner, who is the father-in-law of the deceased, is said to have come and sprinkled kerosene oil but no dying declaration before the Magistrate was recorded even though the deceased survived in the Hospital for next seven days nor is there any dispute between the petitioner and deceased, let the petitioner above named, against whom final report was also submitted by the police 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 Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S.case No.64 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 genealogy 2 as to how he is related with the petitioner, (ii) 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 (iii) 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. Narendra/ ( Anjana Prakash, J. )