IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30656 of 2010
JATA SHANKAR SINGH, S/o Satya Narayan Singh @ Shatrudhan Singh.
Versus
THE STATE OF BIHAR
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02. 09.09.2010 Supplementary-affidavit filed today be kept
on record.
Heard learned counsel for the petitioner,
informant and the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 364, 302 and 201/34
of the Indian Penal Code.
It has been submitted that the petitioner is
named in the First Information Report on the basis of
suspicion having been cast against him and much
later the cousin grand-father of the abducted boy
gave a statement under Section 164 Cr.P.C. claiming
to be an eye-witness that the petitioner and others
had forcibly abducted his grand-son. The further
submission is that the statement appears to be highly
unbelievable since he being a close relative would
have immediately reported the matter to the family
members and that not being done the belated
statement is obviously false.
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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, Lakhisarai in connection with Lakhisarai
P.S. Case No. 267 of 2010 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 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
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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/-