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Patna High Court – Orders
Ghyanshyam Prasad @ Ghanshyam … vs The State Of Bihar on 23 March, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Cr. Misc. No.6589 of 2011
                VIKASH KUMAR @ MINTU son of Lal Bahadur Pal
                                    Versus
                           THE STATE OF BIHAR

                                        With

                      Cr. Misc. No. 7230 of 2011
      KAJARA CHOUDHARY @ KAJRU CHOUDHARY son of Surendra Choudhary @
      Putan Choudhary
                                Versus
                       THE STATE OF BIHAR

                                        With

                     Cr. Misc. No. 7271 of 2011
     GHYANSHYAM PRASAD @ GHANSHYAM KUMAR son of Devendra Prasad
                               Versus
                      THE STATE OF BIHAR
                              -----------

2/ 23.03.2011 Heard learned counsel for the petitioners, informant and

the State.

The petitioners seek bail in a case instituted for the

offence under sections 363, 366-A/34 of the Indian Penal Code.

It has been submitted that it is evident from the

statement of the alleged victim that it is a clear case of consent

between the parties and the girl was opined to be more than eighteen

years of age.

Considering the same, let the petitioners, 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, Barh, in connection with

Athmalgola P.S. Case No.114 of 2010, subject to the conditions (i)

that one of the bailors will be a close relative of the petitioners, who
2

will give an affidavit giving genealogy as to how he is related with

the petitioners. The bailors will undertake to furnish information to

the court about any change in the address of the petitioners, (ii) that

the affidavit shall clearly state that the petitioners are not accused in

any other case and, if they are, they shall not be released on bail,

(iii) that the bailor shall also state on affidavit that he will inform

the court concerned if the petitioners are implicated in any other

case of similar nature after their 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 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 delay the

trial in any manner, their bail will be liable to be cancelled for

reasons of misuse, and (v) that the petitioners will be well

represented on each date and if they fail to do so on two

consecutive dates, their bail will be liable to be cancelled.

JA/-                                            (Anjana Prakash,J.)
 

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