IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20778 of 2010
ROCKY @ RAKIB, S/o Md. Karim.
Versus
THE STATE OF BIHAR
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02. 17.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 367 and 368/34 of the Indian
Penal Code.
The prosecution case is that the daughter of the
informant was kidnapped and sold off by accused
persons. When the alleged victim was recovered she stated
that she had gone with the petitioner at the behest of
somebody else. When alleged co-accused persons were put
on trial the victim did not support the case of the
prosecution and therefore they were acquitted of all the
charges. The petitioner is in custody since 24.04.2010
and no offence similar in nature is pending against him.
In view of such, 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
to the satisfaction of Chief Judicial Magistrate, Katihar in
connection with Pranpur P.S. Case No. 81 of 2008 subject
to the following conditions:- (i) 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
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petitioner. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioner. (ii) 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. (iii) 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.
The Magistrate before releasing the petitioner on
bail will verify the antecedents of the petitioner as to
whether he is an accused in any other case of similar
nature. If he is found to be so he shall not be released on
bail.
(Anjana Prakash, J.)
Vikash/-