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Manish Kumar vs State Of Bihar on 7 September, 2010

Patna High Court – Orders
Manish Kumar vs State Of Bihar on 7 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.30501 of 2010
                      MANISH KUMAR, SON OF NAGESHWAR PRASAD
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2. 07.09.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 366, 366(A) and 34 of the Indian Penal

Code.

It has been submitted that from the narrative of the

statement of the alleged victim recorded under Section 164 Cr.

P.C. it is apparent that it is not a case of kidnapping.

In view of such, 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 to be fixed by the court concerned to the satisfaction of

Chief Judicial Magistrate, Nalanda at Bihar Sharif in Silao P.S.

Case No. 10 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 undertake to furnish

information to the Court about any change in address of the

petitioner. (ii)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
2

the proceeding for cancellation of bail on the ground of misuse.

(iii)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.

The Magistrate shall immediately commit the case to

the court of Sessions and the trial court in seisin of the case

shall pass appropriate orders as to whether any offence is

made out against the accused persons in view of the statement

of the victim recorded under Section 164 Cr. P.C.

( Anjana Prakash, J.)
S.Ali

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