IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28343 of 2009 HARI KISHORE SAH S/O INDRAJEET SAH, OF VILL. JATWALIA, P.S. KUNDWA CHAINPUR, DIST. EAST CHAMPARAN …. PETITIONER Versus STATE OF BIHAR ----------- 4. 6.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 328 AND 201/34 of the Indian Penal Code. Taking into consideration the fact that there is material in the case diary to the effect that the family members of the deceased had in fact participated in the last rites and thereafter the present case was instituted by the Choukidar of the village, let the petitioner above named, who is the husband and against whom there is only a vague allegation and is in custody since 12.12.2008, 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 S.D.J.M., Sikrahna at Motihari, East Champaran in connection with Kundwa Chainpur P.S.case No.31 of 2008, 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 and (ii) that the petitioner will give an undertaking that he will - 2 - receive the police papers on the given date and will not delay the trial. Narendra/ ( Anjana Prakash, J. )