IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22534 of 2010
BAYA CHUNARI @ KHABA CHUNARI, SON OF BOIKAN CHUNARI
Versus
STATE OF BIHAR
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2. 12.07.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 120(B), 323, 364, 366 and 376 of the
Indian Penal Code.
It has been submitted that the victim after her
release from the custody of the accused persons, after two days
instituted the case almost more than a month later, even
though, the mother is said to be an eye witness to the
occurrence. Further submission is that the petitioner is in
custody since 6.4.2010 and has no criminal antecedents.
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 to the
satisfaction of Chief Judicial Magistrate, Katihar, in Barsoi P.S.
Case No. 07 of 2010 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 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
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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 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. (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.
( Anjana Prakash, J.)
S.Ali