IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27987 of 2011
1. Lakhia Devi W/o Ashok Chaudhary
2. Santosh Chaudhary S/o Ashok Chaudhary
Versus
The State Of Bihar
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2. 14.9.2011 Heard learned counsel for the petitioners, the State
and the informant.
The petitioners are apprehending their arrest in a
case registered under Sections 376 and 313/34 of the Indian
Penal Code.
It has been submitted that even though there is
allegation that the petitioners were also hands in glove with
the main accused but subsequently the informant got married
with son and brother respectively of the petitioners and they
are living together as husband and wife.
Considering the same, let the petitioners above
named be released on anticipatory bail in the event of arrest
or surrender before the learned court below within a period of
12 weeks from today in connection with Bhagwan Bazar P.S.
case No.54 of 2011 on furnishing bail bonds of Rs.10,000/-
(Ten thousand) with two sureties of the like amount each to
the satisfaction of C.J.M., Saran at Chapra, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure as also conditions (i) That one of the
bailor will be a close relative of the petitioners who will give an
affidavit giving genealogy as to how he is related with the
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petitioners. The bailor will undertake to furnish information to
the Court about any change in address of the petitioners. (ii)
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 delays the trial in any manner, their bail will be
liable to be cancelled for reasons of misuse, (iii) That the
petitioners will be well represented on each date if they fail to
do so on two consecutive dates, their bail will be liable to be
cancelled.
The Magistrate concerned is directed to immediately
commit the case to the court of Sessions and the Trial Court
is directed to examine the alleged victim as a first prosecution
witness so that there is no further delay in trial.
Narendra/ ( Anjana Prakash, J. )