IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.32950 of 2011
Amar Nath @ Amar Shankar Jha son of late Chakradhar Jha
Versus
The State Of Bihar
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2/ 13.10.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 364, 302, 201/34 and 120-B of the Indian
Penal Code.
Present case was instituted when the son of the
informant went missing. During investigation, one Puja Kumari
gave statement recorded under section 164 Cr. P. C. that she had
been raped by the son of the informant and when the same was
discovered by her brother and other persons including the petitioner
they had assaulted him on account of which he died and they buried
him and thereafter they removed the dead body and threw the
Skelton which was recovered during investigation.
It has been submitted that apparently in the facts of the
case the accused persons did not have the intention to kill the
deceased and it was under the extreme provocation that he was
assaulted.
Considering the same, 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 below to the satisfaction of the Chief
Judicial Magistrate, Begusarai, in connection with Begusarai
(Mufassil) P.S. Case No.77 of 2011, subject to the conditions (i)
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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 bailors 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 bailors shall also state on affidavit that they 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 the 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, and (v) 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.
JA/- (Anjana Prakash,J.)