IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25428 of 2011
1. Amesh Chaudhary @ Avesh Chaudhary, S/o Balai Chaudhary.
2. Rupesh Chaudhary, S/o Balai Chaudhary.
Versus
The State of Bihar
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02. 25.08.2011 Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a
case registered under Sections 341, 323, 324, 379, 376, 511
and 428/34 of the Indian Penal Code.
It has been submitted that the parties filed a petition
before the Court below that the allegation of attempt to rape
was exaggerated and the petitioners are not accused in any
other case.
Considering the same, let the petitioners, above
named be released on anticipatory bail in the event of arrest or
surrender before the learned Court below within a period of
four weeks from the date of receipt of the order 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, West
Champaran, Bettiah in connection with Bettiah Town P.S. Case
No. 106 of 2011 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure as also
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
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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 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.
Initially the Magistrate concerned will release the
petitioners on provisional bail and thereafter notice the
informant and if it is confirmed that the informant has
compromised the matter with the petitioner without any
coercion then he will confirm the bail of the petitioners on
conditions as mentioned above.
(Anjana Prakash, J.)
Vikash/-