IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28427 of 2011
Md. Bari son of Md. Walliuddin
Versus
The State Of Bihar
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2. 21.9.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a case
registered under Section 376 of the Indian Penal Code.
Considering that from the facts of the complaint
itself, it appears to be a case of consent between the parties,
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 Complaint case No.2006 of 2007 on furnishing bail bonds
of Rs.10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of Smt. Sulakah Jha, Judicial
Magistrate, 1st class, Bhagalpur, 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 released on bail,
(iii) That the bailor shall also state on affidavit that he will
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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 be well represented on each date if
he fails to do so on two consecutive dates, his bail will be
liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )