IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28447 of 2011
Md. Tabrej, S/o Md. Khalique.
Versus
The State of Bihar
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02. 30.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 366A of the Indian Penal Code.
The prosecution case is that the petitioner and
co-accused Md. Irshad kidnapped the daughter of the
informant. During investigation the victim was recovered
and she gave statement under Section 164 Cr.P.C. but did
not allege any sexual assault upon herself by the accused
persons.
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, Madhubani
in connection with Pandaul P.S. Case No. 177 of 2011
(G.R. No. 1607 of 2011) 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
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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 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/-