IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 30819 of 2011
1. Pappu Kumar Yadav, S/o Binde Yadav, R/o Vill.
Malmal, P.S. Kaluahi, Distt. Madhubani.
Versus
1. The State of Bihar
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02. 14.10.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a
case registered under Sections 363, 366A, 376 and 406 of
the Indian Penal Code.
It has been submitted that subsequent to the
incriminating statement under Section 164 Cr.P.C. the
alleged victim gave a petition before the Court that no
such occurrence has taken place.
Considering the same, let the petitioner, above
named be released on provisional anticipatory bail for a
period of two months in the event of arrest or surrender
before the learned Court below within a period of four
weeks from the date of receipt of the order on furnishing
bail bond of Rs. 5,000/- (Five Thousand) with two sureties
of the like amount each or any other surety as fixed by the
Court to the satisfaction of Chief Judicial Magistrate,
Madhubani in connection with Kaluahi P.S. Case No. 39
of 2011 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure as also
subject to the following conditions:- (i) That one of the
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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 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.
The Court below will notice the victim that she
had filed petition dated 28.04.2011 retracting from her
earlier statement and if he is satisfied he will confirm the
provisional bail granted to the petitioner with the
aforesaid conditions.
(Anjana Prakash, J.)
Vikash/-