IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 30991 of 2011
Harikesh Rai @ Harikesh Kumar, S/o Bhagwan Rai.
Versus
The State of Bihar & Anr.
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02. 14.10.2011 Heard learned counsel for the petitioner,
informant and the State.
The petitioner is apprehending his arrest in a
case registered under Sections 304B and 201 of the
Indian Penal Code.
It has been submitted that after the institution of
the First Information Report the informant retracted from
his earlier statement and stated that the First Information
Report has been instituted in confusion. The counsel for
the informant also supports this fact.
Considering the same, 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 four weeks from the date of receipt of the order
on furnishing bail bond of Rs. 5,000/- (Five Thousand)
with two sureties of the like amount each or any other
surety as fixed by the Court to the satisfaction of Chief
Judicial Magistrate, East Champaran, Motihari in
connection with Motihari Muffasil P.S. Case No. 218 of
2009 subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure as also subject
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to the following conditions:- (i) That one of the bailors will
be a close relative of the petitioners who will give an
affidavit giving genealogy as to how he is related with the
petitioners. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioners. (ii) That the petitioners will give an
undertaking that they will receive the police papers on the
given date and be present on date fixed for charge and if
they fail to do so on two given dates and delays the trial in
any manner, their bail will be liable to be cancelled for
reasons of misuse. (iii) That the petitioners will be well
represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J.)
Vikash/-