IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19734 of 2010
JITENDRA YADAV @ KARIMAN YADAV, SON OF SRI RAM LAKHAN
YADAV
Versus
STATE OF BIHAR
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2. 24.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 376(2) of the Indian Penal Code.
The petitioner was refused bail earlier by an order
dated 26.8.2009 vide Cr. Misc. 28100 of 2009 considering the
statement of the girl in the First Information Report as well as
given under Section 164 Cr. P.C.
It has been submitted that now the trial is going on in
which the victim has been examined as PW-2 but did not
support the case of prosecution.
In view of such, let the petitioner above named, who
is in custody since 18.1.2009, 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 1st Additional Sessions
Judge, (Special Judge), Gaya, in Sessions Trial No. 67 of 2009
arising out of Kothi P.S. Case No. 2 of 2009 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 and the
other shall be the father of the petitioner. The bailor will
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undertake to furnish information to the court about any change
in 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 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.)
S.Ali