IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33168 of 2010
PAWAN YADAV S/O CHANDRADEO YADAV
Versus
STATE OF BIHAR
-----------
2. 30.09.2010 Heard learned Counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted for
the offence under Section 366 of the Indian Penal Code.
By an order dated 29.6.2010 vide Cr.Misc. No.
21945 of 2010 the petitioner was allowed bail on a
condition that the affidavit would be filed that he was not
an accused in any other case. But the petitioner could not
file such an affidavit, therefore, the petitioner has
remained in custody since 26.2.2010.
Considering the nature of offence, 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, Khagaria in connection with Gogari
P.S. Case No. 0203/09, 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 and the other bailor shall be the
2
father/brother of the petitioner. The bailor will undertake to
furnish information to the Court about any change in
address of the petitioner. (ii) 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, (iii) 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, (iv) 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.
A sum of Rs. 500 shall be deposited on behalf
of the petitioner to the District Legal Aid Committee before
being released on bail.
Fahad. ( Anjana Prakash, J. )