IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29830 of 2011
1. Dharmendra Mandal @ Bhulla Mandal S/O Luxmi
Mandal R/O Vill. Piprahi, P.S. Ladaniya, Distt.
Madhubani.
Versus
1. The State Of Bihar
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02. 13.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 341, 323, 366, 366A, 376
and 504 of the Indian Penal Code and Section 3(X)(XI) of
SC/ST Act.
It has been submitted that from the facts of the
case it appears to be a case of consent as also that the girl
was opined to be 16-17 years of age and no charge-sheet
was submitted under Section 376 IPC.
Considering the same, 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 as fixed by the Court to
the satisfaction of Chief Judicial Magistrate, Madhubani
in connection with Ladaniya P.S. Case No. 13 of 2011
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 also undertake to
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inform the Court if there is 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 bailor
shall also state on affidavit that he will inform the court
concerned if the petitioner is implicated in 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.
(Anjana Prakash, J.)
Vikash/-