IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43665 of 2011 Nepali Singh Versus The State Of Bihar ---------------------------------- 2. 20.12.2011 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in Sahkund (Sajour) P.S.Case No. 160 of 2009 registered u/s 302, 341 IPC and 27 of the Arms Act. According to the prosecution case, the informant got the message on telephone in the night at 3:00 A.M. that his wife Shanti Devi was shot dead by some unknown criminals. He along with his brother in-law came to his house and found her body lying on a cot at his Darwaja. The informant saw firearm injury on hewr stomach. It has been alleged that 10 days before the occurrence, petitioner had threatened his wife for dire consequence. Previously there was enmity with the family members of the petitioner. It has been alleged that this incident had taken place in anticipation that the informant was sleeping there. It has been submitted that the Police after investigation submitted final form in favour of the petitioner but the learnedChief Judicial Magistrate took cognizance in the 2 case. Petitioner has also annexed the application filed by the informant stating therein that under wrong impression and suspicion he has named the petitioner as suspected accused. Under the circumstances, in the event of arrest or surrender within 4 weeks from to-day petitioner Nepali Singh @ Nepali Kumar Singh is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,Bhagalpur in Sahkund (Sajour) P.S.Case No. 160 of 2009, subject to the conditions as laid down u/s 438(2) Cr.P.C. and (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 accused in any other case and if he is, he shall not be released on bail, (iii) 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 their release in the present case and thereafter the court below will 3 be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and shall be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, their bail bond will be liable to be cancelled for the reasons of misuse and (v) that the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. Jay/ (Shivaji Pandey, J)