IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18085 of 2011 Dhananjay Tiwary S/o Sri Hari Bansh Tiwary Versus The State Of Bihar ----------- 3. 27.7.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code. It has been submitted that the petitioner is the brother-in-law of the deceased and the allegation in the First Information Report was that when the deceased found her husband in a compromising position with her brother-in-law he was variously assaulted by the three brothers which on the face of it appears to be improbable. No doubt the wife of the deceased has given statement against the petitioner as well but that statement was recorded about a month later and, therefore, does not inspire confidence. Considering such arguments, 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 learned Chief Judicial Magistrate, - 2 - Gopalganj in connection with Kateya P.S. case No.221 of 2010, subject to the conditions (i) That one of the bailor 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 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 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 his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )