IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.30026 of 2011
Mangal Dome son of Late Basant Dome of Amarpur Paijaba (Ranipur), P.S.-
Mehdiganj, District- Patna ...Petitioner
Versus
The State Of Bihar ...OP
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2/ 13.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 395 of the Indian Penal Code.
It has been submitted that the petitioner is behind the
bars only on the basis of confessional statement of the co-accused
and there is no other case of similar nature pending against him.
This fact shall be verified by the Magistrate before releasing the
petitioner on bail.
Considering the aforesaid, let the petitioner, above
named, be released on provisional 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, Patna City, in
connection with Fatuha P.S. Case No.203 of 2011, subject to the
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 and another bailor shall be the mother
of the petitioner. The bailors will undertake to furnish information to
the court about any change in the address of the petitioner, (ii) That
the bailors shall also state on affidavit that they 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
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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, and (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 nature of case, the petitioner is
directed to report to Mr. Kishore Kunal, Chairman, Bihar Religious
Trust Board, Bihar, Patna, within fifteen days of his release on
provisional bail for a period of six months and file a certificate
about the same in the court within the stipulated time. In case, the
petitioner fails to file certificate, notice shall be sent to him for
cancellation of bail, (ii) That once the petitioner reports to Mr.
Kunal, Mr. Kunal is requested to evolve a method by which without
affecting the petitioner’s present vocation, if any, the petitioner can
be made socially productive so that an effort is made to bring him
back in the main stream of the society and (iii) At the end of the six
months, the petitioner will be required to file a certificate in the
court below granted by Mr. Kishore Kunal. If the certificate granted
to the petitioner is found satisfactory, the court below will confirm
the provisional bail granted to the petitioner or else will issue notice
for cancellation of bail.
JA/- (Anjana Prakash,J.)