Md.Hiyad vs State Of Bihar on 29 October, 2010

Patna High Court – Orders

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.37679 of 2010
                  MD.HIYAD S/O LATE MD. SAHADAT
                                 Versus
                          STATE OF BIHAR
                                -----------

2. 29.10.2010 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 363, 366, 366 A/34 of

the Indian Penal Code and later on added Section 376

of I.P.C.

It has been submitted that from the facts of

the case it appears to be a case of consent between

the parties.

In view of such, 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, Katihar in connection with Pranpur

P.S. Case No. 18/2010, 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
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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.

Fahad.                                   ( Anjana Prakash, J. )

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