High Court Patna High Court - Orders

Chanda Kumari & Anr. vs The State Of Bihar on 6 September, 2011

Patna High Court – Orders
Chanda Kumari & Anr. vs The State Of Bihar on 6 September, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.25989 of 2011
                   1. Chanda Kumari daughter of Hari Shankar Prasad Gupta
                   2. Sohan Kumar son of Hari Shankar Prasad Gupta
                                             Versus
                                     The State Of Bihar
                                           -----------

2. 6.9.2011 Heard learned counsel for the petitioners and the

State.

The petitioners are apprehending their arrest in a

case registered under Sections 364 and 498A of the Indian

Penal Code.

The petitioners were granted anticipatory bail by

the court below till submission of the charge sheet. Now the

charge sheet has been submitted and, therefore, the

petitioners once again apprehend their arrest.

Considering the aforesaid as also that the petitioners

are the Nanad and Devar of the grand daughter of the

informant and there is no specific overt act alleged against

them and did not abuse the privilege of anticipatory bail, 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 12 weeks from today in connection

with Beur P.S. case No.19 of 2010 on furnishing bail bonds of

Rs.10,000/- (Ten thousand) with two sureties of the like

amount each to the satisfaction of C.J.M., Patna, subject to

the conditions as laid down under Section 438(2) of the Code

of Criminal Procedure as also conditions (i) That one of the
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bailor 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 undertake to furnish information to

the Court about any change in address of the petitioners. (ii)

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, (iii) That the

petitioners will be well represented on each date if they fail to

do so on two consecutive dates, their bail will be liable to be

cancelled.

Narendra/                        ( Anjana Prakash, J. )