IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1002 of 2010 SURENDRA TURIYA@ MURKUNDAL TURIYA, S/O RAM DEWARI TURIYA Versus STATE OF BIHAR **** /3/ 08.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 307/34 of the Indian Penal Code and 27 of the Arms Act. 3. The informant happens to be the step brother of the present petitioner and the reason for the occurrence is that the petitioner had refused to marry which had been arranged by his father due to which the Panchayat had imposed a penalty upon him. Due to this reason the petitioner and his mother were aggrieved and on the date of occurrence the petitioner for this reason is said to have fired on the informant causing injury in his stomach. There is no allegation against the petitioner of having caused the death of Chhatti Kumari. Under the circumstances, taking into consideration the fact that the relationship between the parties as also the manner of dispute, let the petitioner, above named, who is in custody since 06.04.2009 and has no criminal antecedents be released on bail on furnishing bail bond of 2 Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Adhaura P.S. Case No. 18 of 2002 to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, on 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, (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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)