IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8445 of 2011
MANGAL RISHI @ MANGAL SON OF SOFI LAL RISHI
Versus
THE STATE OF BIHAR
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2. 24.3.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/s.366(A) of the Indian Penal Code.
It has been submitted that the victim in her statement
recorded u/s.164 Cr.P.C. did not allege any sexual assault
upon herself by the petitioner.
Considering the same, let the petitioner above
named, who is in custody since 7.9.2010, 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 to be
fixed by the court concerned to the satisfaction of Additional
Sessions Judge, F.T.C. No.VII, Purnea in S.T.No.38 of 2011
arising out of Kasba P.S. case No.35 of 2010, subject to the
conditions (i) That one of the bailor 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 undertake
to furnish information to the Court about any change in
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
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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 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 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 if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )