IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.28036 of 2011
Babita Kumari wife of Upendra Kumar Prasad
Versus
The State Of Bihar
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2/ 26.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 420, 468 and 471 of the Indian Penal Code.
Considering that the petitioner is a lady and is in custody
since 07.07.2011 having no criminal antecedents, let the petitioner,
above named, 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 below to the satisfaction
of the Additional Chief Judicial Magistrate, Hilsa, Nalanda, in
connection with Parawalpur P.S. Case No.60 of 2010, subject to the
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 another bailor shall be the mother
of the petitioner. The bailors will undertake to furnish information to
the court about any change in the address of the petitioner, (ii) That
the affidavit shall clearly state that the petitioner is not an accused in
any other case and, if she is, she shall not be released on bail, (iii)
That the bailors shall also state on affidavit that they will inform the
court concerned if the petitioner is implicated in any other case of
similar nature after her 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 petitioner
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will give an undertaking that she will receive the police papers on
the given date and be present on date fixed for charge and if she fails
to do so on two given dates and delays the trial in any manner, her
bail will be liable to be cancelled for reasons of misuse, and (v) That
the petitioner will be well represented on each date and if she fails to
do so on two consecutive dates, her bail will be liable to be
cancelled.
JA/- (Anjana Prakash,J.)