IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4022 of 2010 MD. SHADAB @ SHADAB ALAM SON OF MD. ABDUL WADOOD Versus STATE OF BIHAR ----------- 2. 15/02/2010 Heard learned Counsel for the petitioner, learned counsel for the Informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. In the First Information Report, it has been stated that the brother of the deceased had contracted love marriage, with the sister of the petitioner but he stopped maintaining her for which a Panchayati was being held to sort out the matter. In course of the Panchayati a heated exchange of words took place between the parties and then the petitioner is said to have given a single knife blow on the chest of the deceased who was the elder brother of the petitioner’s brother-in-law. Taking into consideration the aforesaid facts as also that the petitioner has remained in custody since 18.10.2008, 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 Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Bahera P.S. Case No. 289 of 2008, TR. No. 329 of 2009 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 2 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 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.)