IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11253 of 2010 DURBESH @ DURWESH KHAN, s/o Late Md. Rafique @ Rafique Versus THE STATE OF BIHAR ----------- 2/ 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 316, 304, 201/34 of the Indian Penal Code. The informant on having discovered the dead body of his wife made enquiry and learnt that his wife had been operated upon by co-accused Washila khatoon for aborting her in course of which she lost her life. Thereafter with the help of her son and the present petitioner, her brother, the dead body was thrown only to be recovered later on by the informant. The submission is that in the facts of the case it would be a case under section 201 of the Indian Penal Code which is bailable in nature. 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, Araria, in connection with Narpatganj (Basmatiya) P.S. case no.99 of 2009, (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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in - 2 - 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, (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.)