IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17203 of 2011
Prithvi Singh @ Prithvi Narayan Prasad Singh son of Late Sarwan Singh
Versus
The State Of Bihar
-----------
2. 6.7.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/ss.147, 148, 149 and 302 of the Indian Penal Code.
The petitioner was refused bail by an order dated
27.9.2010 vide Cr.Misc.No.24478 of 2010 since there was an
allegation against him of having dealt a bhala blow on the
chest of the deceased, on account of which he died.
The petitioner has renewed his prayer for bail
bringing on record the fact that there was a counter version of
the occurrence in which he had stated that his daughter-in-law
was attempted to be raped and being enraged this occurrence
had taken place. This fact was supported during enquiry by
the daughter-in-law and the son as well.
Considering the same, let the petitioner above
named, who is in custody since 7.7.2010, 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 to be
fixed by the court concerned to the satisfaction of Additional
Sessions Judge 2nd, Danapur (Patna) in S.Tr. No.1161 of
2010 arising out of Maner P.S. case No.304 of 2009, subject
to the conditions (i) That one of the bailor will be a close
-2-
relative of the petitioner who will give an affidavit giving
genealogy as to how he is related with the petitioner. The
bailor will undertake to furnish information to the Court about
any change in 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 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 if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )