IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21298 of 2010
ARUN KUMAR GUPTA, S/o Jhakas Sah @ Jhakash Gupta.
Versus
THE STATE OF BIHAR
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02. 28.06.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 366 and 376/34 of
the Indian Penal Code.
It has been submitted that when the alleged
victim was recovered she gave her statement under
Section 164 Cr.P.C. explaining the manner in which
the co-accused had committed excesses upon her.
However, about the petitioner it was stated that he
being the brother of co-accused Bhim Shankar Gupta
had in fact come to her rescue and spoken for her.
In view of such, let the petitioner, above
named who is in custody since 20.01.2010 be
released on bail on furnishing bail bond of Rs.
5,000/- (Five Thousand) with two sureties of the like
amount each to the satisfaction of Additional Sessions
Judge, F.T.C.-V, Saharsa in connection with S.Tr. No.
68 of 2010 arising out of Sour Bazar P.S. Case No.
247 of 2009 subject to the following conditions:- (i)
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That one of the bailors 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
also undertake to inform the Court if there is any
change in the address of the petitioner. (ii) That the
affidavit shall clearly state that the petitioner is not
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.
(Anjana Prakash, J.)
Vikash/-