High Court Patna High Court - Orders

Prithvi Singh @ Prithvi Narayan vs The State Of Bihar on 6 July, 2011

Patna High Court – Orders
Prithvi Singh @ Prithvi Narayan vs The State Of Bihar on 6 July, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.17203 of 2011
           Prithvi Singh @ Prithvi Narayan Prasad Singh son of Late Sarwan Singh
                                                Versus
                                        The State Of Bihar
                                              -----------

2. 6.7.2011 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence u/ss.147, 148, 149 and 302 of the Indian Penal Code.

The petitioner was refused bail by an order dated

27.9.2010 vide Cr.Misc.No.24478 of 2010 since there was an

allegation against him of having dealt a bhala blow on the

chest of the deceased, on account of which he died.

The petitioner has renewed his prayer for bail

bringing on record the fact that there was a counter version of

the occurrence in which he had stated that his daughter-in-law

was attempted to be raped and being enraged this occurrence

had taken place. This fact was supported during enquiry by

the daughter-in-law and the son as well.

Considering the same, let the petitioner above

named, who is in custody since 7.7.2010, 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 Additional

Sessions Judge 2nd, Danapur (Patna) in S.Tr. No.1161 of

2010 arising out of Maner P.S. case No.304 of 2009, subject

to the conditions (i) That one of the bailor 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 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.

Narendra/                       ( Anjana Prakash, J. )