IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41001 of 2009 RANDHIR KUMAR @ AJAY KUMAR, Son of Deonandan Prasad, resident of village-Dhibra, P.S.-Amas, District-Gaya. .............Petitioner. Versus THE STATE OF BIHAR ...........Opp. Party. ----------- 2/ 27.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364 (A), 302, 201 and 34 of the Indian Penal Code. Taking into consideration the submission that the victim girl Kumari Shabnam, even though, initially, had given an adverse statement against the petitioner, later on resiled and filed a petition that on account of property dispute between her father and maternal relations she on being set up by her father had filed a case against the maternal uncle, i.e., present petitioner., let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in connection with Akbarpur P.S. Case No. 38 of 2009 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. (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 petitioner will give an 2 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. Before releasing the petitioner on bail, the Magistrate concerned will notice Shabnam Kumari, daughter of Santosh Kumar of village-Dadpur, P.S.-Akbarpur, District- Nawadah, and verify, as to whether she had actually filed a petition dated 07.09.2009, stating therein that she had been set up by her father to give an adverse statement against maternal uncle. In case, it is found to be true the petitioner will be released on bail but, found incorrect the petitioner will not be released on bail. Sanjeet/ (Anjana Prakash, J.)