IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24166 of 2010
MD.KAFIL, SON OF PHOOL HASAN
Versus
STATE OF BIHAR
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3. 25.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 366(A), 120(B) and 34 of the Indian
Penal Code.
It has been submitted that there is some material to
suggest that in fact, it was a case of consent between the
parties.
Considering the same, 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, Muzaffarpur, in
Katra P.S. Case No. 215 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. 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.
In case the petitioner continues to threaten the
prosecution witnesses, immediately step shall be taken to hold
an enquiry in the matter.
( Anjana Prakash, J.)
S.Ali