IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34838 of 2011
Akhileshwar Singh @ Liplas Yadav,
S/o Sri Shiv Prasann Singh @ Saral Singh.
Versus
The State of Bihar
with
Criminal Miscellaneous No. 34851 of 2011
Surendra Yadav, S/o Sri Chhathu Singh.
Versus
The State of Bihar
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02. 25.10.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 452, 376 and 379/34 of the
Indian Penal Code.
The prosecution case is that one named and
three unknown persons forcibly entered into the house of
the informant and committed rape upon her. This
occurrence allegedly took place on 23.02.2011 and a
report about the same was made on 24.02.2011 and
27.05.2011, the statement of the informant was recorded
under Section 164 Cr.P.C. wherein she stated that one
named and three unknown persons have committed rape
upon her. She then filed a petition before the Court below
after about three days on 01.06.2011 that she had stated
the name of the petitioners who were residing in the same
locality but the Court had not recorded the statement
correctly. In the further statement that was recorded in
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the Court on 01.06.2011 she stated that she had found
out the names of the present petitioners subsequently. It
appears that her statement under Section 164 Cr.P.C. was
recorded three months after the occurrence but
surprisingly by then the informant had not learnt the
names of the petitioners and immediately thereafter she
learnt that the names as was submitted by her in further
statement recorded on 13.06.2011 which appears to be
suspicious.
Considering the same, let the petitioners, above
named be released on bail on furnishing bail bonds of Rs.
5,000/- (Five Thousand) each with two sureties of the like
amount each or any other surety as fixed by the Court to
the satisfaction of Chief Judicial Magistrate, Buxar in
connection with Buxar Muffasil P.S. Case No. 35 of 2011
subject 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 affidavit shall clearly state
that the petitioners are not an accused in any other case
and if they are they shall not be released on bail. (iii) That
the bailor shall also state on affidavit that he will inform
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the court concerned if the petitioners are implicated in
any other case of similar nature after their 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 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. (v) 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/-