IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24825 of 2010
TUNTUN KUMAR SINGH @ TUNTUN YADAV SON OF BIRENDRA
YADAV
Versus
STATE OF BIHAR
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3. 15.9.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 366/34 of the Indian Penal Code.
It has been submitted that even though the allegation
in the first information report is that the daughter of the informant
was kidnapped by the accused persons and subsequently the
victim has also given incriminating statement, but it transpired
during investigation that in fact there was love affairs between the
victim and co-accused Sanjeev Yadav, on account of which a
Panchayati was held, in which the father of Sanjeev Yadav
produced some love letters written by the alleged victim, which
shows that there was a previous history of an affair between the girl
and the said Sanjeev Yadav and the present case is a concoction.
Considering the same, let the petitioner above named,
who is in custody since 28.4.2010, 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 Chief Judicial Magistrate, Bhojpur,
Arrah in Arrah Muffasil (Dhobaha O.P.) P.S.case No.238 of 2009,
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
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as to how he is related with 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 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 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.
( Anjana Prakash, J. )
Narendra/