IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.23705 of 2010
CHANDAN RAVIDAS son of late Bishun Deo Das
Versus
STATE OF BIHAR
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2/ 18.8.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 376 of the Indian Penal Code.
It has been submitted that the accused persons are the
uncle and nephew between themselves and it does not appear
probable that they would commit the offence like rape together as
also that the witnesses have stated that the petitioner was implicated
on account of land dispute which has been admitted even by the
prosecutrix.
In view of the such, 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 to the
satisfaction of the Chief Judicial Magistrate, Bhagalpur, in
connection with Kahalgaon P.S. case no.03 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. 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 he is, he 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
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any other case of similar nature after his 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 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,
(v) 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.
In case there is any complaint against the petitioner of
tampering with the evidence, an enquiry shall immediately be done
in the matter to initiate the proceeding for cancellation of bail.
JA/- (Anjana Prakash, J.)