High Court Patna High Court - Orders

Akhileshwar Singh @ Liplas Yadav vs The State Of Bihar on 25 October, 2011

Patna High Court – Orders
Akhileshwar Singh @ Liplas Yadav vs The State Of Bihar on 25 October, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Criminal Miscellaneous No. 34838 of 2011
                          Akhileshwar Singh @ Liplas Yadav,
                       S/o Sri Shiv Prasann Singh @ Saral Singh.
                                          Versus
                                   The State of Bihar
                                           with
                       Criminal Miscellaneous No. 34851 of 2011
                        Surendra Yadav, S/o Sri Chhathu Singh.
                                          Versus
                                   The State of Bihar
                                      ----------------

02. 25.10.2011 Heard learned counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for

the offences under Sections 452, 376 and 379/34 of the

Indian Penal Code.

The prosecution case is that one named and

three unknown persons forcibly entered into the house of

the informant and committed rape upon her. This

occurrence allegedly took place on 23.02.2011 and a

report about the same was made on 24.02.2011 and

27.05.2011, the statement of the informant was recorded

under Section 164 Cr.P.C. wherein she stated that one

named and three unknown persons have committed rape

upon her. She then filed a petition before the Court below

after about three days on 01.06.2011 that she had stated

the name of the petitioners who were residing in the same

locality but the Court had not recorded the statement

correctly. In the further statement that was recorded in
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the Court on 01.06.2011 she stated that she had found

out the names of the present petitioners subsequently. It

appears that her statement under Section 164 Cr.P.C. was

recorded three months after the occurrence but

surprisingly by then the informant had not learnt the

names of the petitioners and immediately thereafter she

learnt that the names as was submitted by her in further

statement recorded on 13.06.2011 which appears to be

suspicious.

Considering the same, let the petitioners, above

named be released on bail on furnishing bail bonds of Rs.

5,000/- (Five Thousand) each with two sureties of the like

amount each or any other surety as fixed by the Court to

the satisfaction of Chief Judicial Magistrate, Buxar in

connection with Buxar Muffasil P.S. Case No. 35 of 2011

subject to the following conditions:- (i) That one of the

bailors will be a close relative of the petitioners who will

give an affidavit giving genealogy as to how he is related

with the petitioners. The bailor will also undertake to

inform the Court if there is any change in the address of

the petitioners. (ii) That the affidavit shall clearly state

that the petitioners are not an accused in any other case

and if they are they shall not be released on bail. (iii) That

the bailor shall also state on affidavit that he will inform
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the court concerned if the petitioners are implicated in

any other case of similar nature after their 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 petitioners will give an

undertaking that they will receive the police papers on the

given date and be present on date fixed for charge and if

they fail to do so on two given dates and delays the trial in

any manner, their bail will be liable to be cancelled for

reasons of misuse. (v) That the petitioners will be well

represented on each date and if they fail to do so on two

consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J.)
Vikash/-