IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31722 of 2011
Md. Salamat @ Budhan, son of Md. Rayazul Haque
Versus
The State Of Bihar
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2. 23.09.2011 Heard learned counsel for the petitioner, learned
counsel for the Informant and the State.
The petitioner seeks bail in a case instituted for
the offence under Sections 366(A) and 34 of the Indian Penal
Code.
Considering that the alleged victim said to be above
16-17 years of age has stated that the petitioner had not
kidnapped her and nor did he sexually assault her, 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,
Bettiah, in connection with Bettiah (M) P.S. Case No. 170 of
2011, 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 also undertake to inform the Court if
there is any change in the 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 petitioner is implicated in
any other case of similar nature after his release in the present
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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