Chandan Kumar @Abhisek Suman vs The State Of Bihar on 15 March, 2011

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr. Misc. No.44271 of 2010
        CHANDAN KUMAR @ABHISEK SUMAN s/o Iswar Chandra Singh
                                 Versus
                        THE STATE OF BIHAR
                                -----------

2/ 15.03.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 376, 511 and 504 of the Indian Penal Code.

Considering that there is no allegation against the

petitioner of having attempted to commit rape, 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, Jehanabad, in connection with

Arwal P.S. Case No.137 of 2010, subject to the 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 and another bailor shall be Mira Kumari, sister of 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
2

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.)