IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22360 of 2010
ARUN KUMAR MATHURI, SON OF LATE SHIBALAK RAM
MATHURI
Versus
STATE OF BIHAR
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2. 09.07.2010 Supplementary affidavit filed today, be kept on the
record.
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 376, 323, 504 and 34 of the Indian
Penal Code.
It is alleged in the First Information Report that she
was raped by the brother-in-law (Sala) of her brother on
account of which she instituted the present case against her
brother, brother’s sister-in-law and two of the brother’s brother-
in-law. Later on the Informant filed a petition before the court
below stating therein that in fact, she has instituted the present
case at the instigation of her husband against whom he had
earlier filed a case under Section 498A and it was dictated by
him that only if she not files a false case against the brother and
other family members who had given a shelter, he would keep
her.
In view of such, let the petitioner above named, who
is in custody since 19.5.2010, be released on bail on furnishing
bail bond of Rs. 5,000/- (Five thousand) with two sureties of the
2
like amount each to the satisfaction of Chief Judicial Magistrate,
Patna, in Parsa Bazar P.S. Case No. 213 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. 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
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. (iv) 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