IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25382 of 2011
Ram Kumar @ Ram Kumar Mahto son of Manendra Mahto
Versus
The State Of Bihar
-----------
2. 23.8.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a case
registered under Sections 420, 341, 343, 379 and 504/34 of
the Indian Penal Code.
Considering that there is no allegation of having
seriously injured the complainant/informant and the matter
has now been compromised, let the petitioner above named
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 Hayaghat P.S. case
No.13 of 2011 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, Darbhanga, 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 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 shall not be
-2-
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.
The Magistrate concerned shall initially release the
petitioner on provisional bail and thereafter notice the
complainant/informant and only if she supports the factum of
compromise he shall confirm the provisional bail granted to
the petitioner on the condition mentioned above.
Narendra/ ( Anjana Prakash, J. )