IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26865 of 2011 Pankaj Tiwary, son of Sri Hari Bansh Tiwary Versus The State Of Bihar ----------- 2. 16.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. It has been submitted that the petitioner is the brother-in-law of the deceased and against whom there is an allegation that when the deceased found her husband in a compromising position with her brother-in-law, she was done to death by the three brothers. The motive does not seem probable. No doubt, an incriminating statement was given by the children of the deceased but the same was recorded a month later and it does not inspire confidence. Considering the aforesaid as also that the co- accused similarly placed has already been granted bail by this Court by an order dated 27.7.2011 passed in Cr. Misc. No. 18085 of 2011, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Kateya P.S. Case No. 2 221 of 2010 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. 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 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 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. (iv)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. S.Ali ( Anjana Prakash, J.)