High Court Patna High Court - Orders

Jata Shankar Singh vs State Of Bihar on 9 September, 2010

Patna High Court – Orders
Jata Shankar Singh vs State Of Bihar on 9 September, 2010
        IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Cr.Misc. No.30656 of 2010
JATA SHANKAR SINGH, S/o Satya Narayan Singh @ Shatrudhan Singh.
                            Versus
                     THE STATE OF BIHAR
                           -----------

02. 09.09.2010 Supplementary-affidavit filed today be kept

on record.

Heard learned counsel for the petitioner,

informant and the State.

The petitioner seeks bail in a case instituted

for the offences under Sections 364, 302 and 201/34

of the Indian Penal Code.

It has been submitted that the petitioner is

named in the First Information Report on the basis of

suspicion having been cast against him and much

later the cousin grand-father of the abducted boy

gave a statement under Section 164 Cr.P.C. claiming

to be an eye-witness that the petitioner and others

had forcibly abducted his grand-son. The further

submission is that the statement appears to be highly

unbelievable since he being a close relative would

have immediately reported the matter to the family

members and that not being done the belated

statement is obviously false.

2

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 as fixed

by the Court to the satisfaction of Chief Judicial

Magistrate, Lakhisarai in connection with Lakhisarai

P.S. Case No. 267 of 2010 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

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 an 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
3

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. (v) That the petitioner will be well represented

on each date and if he fails to do so on two

consecutive dates, his bail will be liable to be

cancelled.

(Anjana Prakash, J.)
Vikash/-