IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13250 of 2010 BINOD MOHALI @ BOUNA son of Late Ganesh Mohali Versus THE STATE OF BIHAR ----------- 2/ 28.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code. The informant has alleged that her husband was done to death by some unknown miscreants. During investigation, it transpired that the deceased had married twice but his second wife died on account of illness. The petitioner is the co-villager of the uncle of the child born out of the second marriage and since the uncle used to demand money from the deceased, therefore, he has also been suspected to be involved in the present occurrence. It has been submitted that there is no eye witness to the occurrence nor is there any criminal antecedent and the entire case is based on suspicion. 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 to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Dhoriya P.S. case no. 36 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 bailor 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 - 2 - the petitioner is not accused in any other case and, if he is, he shall not be released on bail, and (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.)