IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19198 of 2010
PRAMOD KUMAR, SON OF SRI MOHIT RAI
Versus
STATE OF BIHAR
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3. 09.07.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 364/34 of the Indian Penal Code.
It has been submitted that before the present case
was instituted, a Sanha was given by the Informant stating
therein that the deceased left alone on his motorcycle but
thereafter, in the First Information Report it was alleged that the
deceased had left with the accused persons. The submission is
that in the facts of the case, it would not be a case under
Section 364 I.P.C. since there is no element of kidnapping. The
further submission is that there is no eye witness to the
occurrence and the entire case is based only on the
confessional statement. It has been asserted that the petitioner
was accused in a case instituted under SC/ST Prevention of
Atrocities Act in which he has already been acquitted.
In view of such, 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 to the
satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in
Baranti (Rajapakar) P.S. Case No. 109 of 1999 subject to the
following conditions: (i)That one of the bailors will be a close
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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 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 the 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 and if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
The fact that the petitioner is not an accused
presently in any other case will be verified by the Magistrate
before releasing the petitioner on bail.
( Anjana Prakash, J.)
S.Ali