IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31808 of 2011
Kanti Devi wife of Late Birsh Manjhi
Versus
The State Of Bihar
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2. 26.9.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 457 and 380 of the Indian Penal
Code.
It has been submitted that the petitioner is not
named in the First Information Report but was implicated on
the basis of the confessional statement of the co-accused and
there is no recovery from his possession and there is only one
other case pending against her.
Considering the same, 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 concerned to
the satisfaction of the Judicial Magistrate, 1st class, Gopalganj
in connection with Gopalganj P.S. Case No.332 of 2010 Trial
No.4018 of 2011, subject to the conditions (i) That one of the
bailor shall be Amarjit Manjhi, brother of the petitioner and the
other 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)
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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 her 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, (iii)
That the petitioner will give an undertaking that she will
receive the police papers on the given date and be present on
date fixed for charge and if she fails to do so on two given
dates and delays the trial in any manner, her bail will be liable
to be cancelled for reasons of misuse, (iv) That the petitioner
will be well represented on each date if she fails to do so on
two consecutive dates, her bail will be liable to be cancelled.
Learned Counsel for the petitioner submits that the
petitioner has been implicated repeatedly at the instance of
the local police who is hostile to the petitioner and seeks
protection of a person well reputed doing social service in the
area. Under the circumstances, the petitioner is directed to
appear before the Head Priest of local Temple, Gopalganj
within fifteen days of her release and file a certificate about
the same in the Court. On filing of the certificate the petitioner
will be granted provisional bail for a period of six months. In
case, the petitioner does not file a certificate about her
reporting to the Head Priest within two weeks of her release
from jail custody, she shall be noticed for cancellation of bail.
During six months the petitioner is expected to engage herself
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in fruitful activities under the guidance of the Head Priest,
local Temple, Gopalganj and at the end of six months she will
file a certificate of her conduct in the court below issued by
the Head Priest. If the certificate granted to the petitioner is
found satisfactory, the court below will confirm the provisional
bail granted to the petitioner and in case it is not, the
petitioner will be taken into custody.
Narendra/ ( Anjana Prakash, J. )