IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29187 of 2010
MD. ARSAD KHAN @ CHHOTU, SON OF SARWAR ALAM
Versus
STATE OF BIHAR
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3. 24.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 366A and 120B of the Indian Penal
Code.
It has been submitted that from the statement of the
alleged victim recorded under Section 164 Cr. P.C. it appears to
be a case of consent between the two adults.
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, Katihar, in Katihar (Town) P.S. Case
No. 129 of 2010 (G.R. No. 953 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 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 concerned if the
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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 the 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 and if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
( Anjana Prakash, J.)
S.Ali