High Court Patna High Court - Orders

Mandeo Ram & Ors. vs The State Of Bihar on 26 September, 2011

Patna High Court – Orders
Mandeo Ram & Ors. vs The State Of Bihar on 26 September, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.17816 of 2011
                      1. Mandeo Ram
                      2. Becho Ram
                      3. Jhingar Ram @ Jhingur Ram, sons of Nirdhan Ram
                      4. Kishor Ram
                      5. Ghoghai Ram, sons of Raudi Ram
                      6. Lalan Ram @ Lallan Kumar
                      7. Laltun Ram @ Laltu Ram, sons of Becho Ram
                                               Versus
                                       The State Of Bihar
                                             -----------

5. 26.9.2011 Heard learned counsel for the petitioners and the

State.

The petitioners are apprehending their arrest in a

case registered under Sections 342, 323, 376, 511 and

379/34 of the Indian Penal Code.

It has been submitted that right after the First

Information Report was instituted when the informant and her

family members were examined u/s.161 Cr.P.C. they did not

support their own case.

Considering the same, let the petitioners above

named, who have fair antecedents, be released on

anticipatory bail in the event of arrest or surrender before the

learned court below within a period of 12 weeks from today in

connection with Bakhtiyarpur P.S. case No.253 of 2010 on

furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Saharsa, subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure

as also conditions (i) That one of the bailor will be a close
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relative of the petitioners who will give an affidavit giving

genealogy as to how he is related with the petitioners. The

bailor will undertake to furnish information to the Court about

any change in address of the petitioners. (ii) That the affidavit

shall clearly state that the petitioners are not an accused in

any other case and if they are they shall not be released on

bail, (iii) That the bailor shall also state on affidavit that he will

inform the court concerned if the petitioners are implicated in

any other case of similar nature after their 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 petitioners will give an undertaking that

they will receive the police papers on the given date and be

present on date fixed for charge and if they fail to do so on

two given dates and delays the trial in any manner, their bail

will be liable to be cancelled for reasons of misuse, (v) That

the petitioners will be well represented on each date if they

fail to do so on two consecutive dates, their bail will be liable

to be cancelled.

Narendra/                         ( Anjana Prakash, J. )