High Court Patna High Court - Orders

Ram Kumar @ Ram Kumar Mahto vs The State Of Bihar on 23 August, 2011

Patna High Court – Orders
Ram Kumar @ Ram Kumar Mahto vs The State Of Bihar on 23 August, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.25382 of 2011
                   Ram Kumar @ Ram Kumar Mahto son of Manendra Mahto
                                             Versus
                                     The State Of Bihar
                                           -----------

2. 23.8.2011 Heard learned counsel for the petitioner and the

State.

The petitioner is apprehending his arrest in a case

registered under Sections 420, 341, 343, 379 and 504/34 of

the Indian Penal Code.

Considering that there is no allegation of having

seriously injured the complainant/informant and the matter

has now been compromised, let the petitioner above named

be released on anticipatory bail in the event of arrest or

surrender before the learned court below within a period of 12

weeks from today in connection with Hayaghat P.S. case

No.13 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten

thousand) with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Darbhanga, subject

to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure as also 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. 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
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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.

The Magistrate concerned shall initially release the

petitioner on provisional bail and thereafter notice the

complainant/informant and only if she supports the factum of

compromise he shall confirm the provisional bail granted to

the petitioner on the condition mentioned above.

Narendra/                        ( Anjana Prakash, J. )