IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35327 of 2010
MD.NAZIR @ SK.NAZIR S/O MD. KASIM
Versus
THE STATE OF BIHAR
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3. 24.11.2010 Heard learned counsel for the petitioner
and the State.
The petitioner seeks bail in a case
instituted for the offence under Sections
376/323/504 of the Indian Penal Code.
Considering the submission that it appears
to be a case of consent between the parties, 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 learned Chief Judicial Magistrate,
Katihar in connection with Kadwa P.S. Case No.
26/2010, 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
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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 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.
Fahad. ( Anjana Prakash, J. )