IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25159 of 2010
JANARDAN YADAV, S/o Late Ramji Yadav.
Versus
THE STATE OF BIHAR
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03. 31.08.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 366 of the Indian Penal Code.
It has been submitted that undoubtedly the
purposes for kidnapping was for marriage and there are
documents to suggest that in fact the victim had affair
with co-accused, Gautam Kumar and had married with
the assistance of the petitioner.
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, Khagaria in
connection with Gogari P.S. Case No. 203 of 2009 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 inform the
Court if there is any change in the address of the
petitioner. (ii) That the bailor shall also state on affidavit
that he will inform the court concerned if the petitioner is
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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. (iii) 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. (iv) 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 view of the antecedents of the petitioner, the
petitioner is directed to appear before the Supdt. of Police,
Khagaria within fifteen days of his release with a copy of
this order and thereafter every two weeks for the next one
year. The conduct of the petitioner will be kept under
watch in this period by the S.P. concerned and if it is
found wanting in any respect, a report shall be made to
the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate will
be filed by the petitioner before the court concerned.
(Anjana Prakash, J.)
Vikash/-