IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15656 of 2010
MD.AFZAL HUSSAIN, SON OF MD. ISRAFIL HUSSAIN @ MD.
ISRAFIL
Versus
STATE OF BIHAR
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3. 29.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 384 and 386 of the Indian Penal Code.
The allegation against the petitioner is that he
demanded Rangdari by SMS.
Considering that the petitioner is in custody since
13.11.2009 and the father of the petitioner undertakes
responsibility of his conduct after he is released from jail
custody, 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 to the satisfaction of Chief
Judicial Magistrate, Begusarai, in Birpur P.S. Case No. 59 of
2009 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 and the other shall be the father of 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
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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 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. (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.
( Anjana Prakash, J.)
S.Ali