IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17816 of 2011 1. Mandeo Ram 2. Becho Ram 3. Jhingar Ram @ Jhingur Ram, sons of Nirdhan Ram 4. Kishor Ram 5. Ghoghai Ram, sons of Raudi Ram 6. Lalan Ram @ Lallan Kumar 7. Laltun Ram @ Laltu Ram, sons of Becho Ram Versus The State Of Bihar -----------
5. 26.9.2011 Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a
case registered under Sections 342, 323, 376, 511 and
379/34 of the Indian Penal Code.
It has been submitted that right after the First
Information Report was instituted when the informant and her
family members were examined u/s.161 Cr.P.C. they did not
support their own case.
Considering the same, let the petitioners above
named, who have fair antecedents, 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 Bakhtiyarpur P.S. case No.253 of 2010 on
furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Saharsa, 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
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relative of the petitioners who will give an affidavit giving
genealogy as to how he is related with the petitioners. The
bailor will undertake to furnish information to the Court about
any change in address of the petitioners. (ii) That the affidavit
shall clearly state that the petitioners are not an 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 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 delays the trial in any manner, their bail
will be liable to be cancelled for reasons of misuse, (v) 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.
Narendra/ ( Anjana Prakash, J. )