IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 26991 of 2011
1. Razi Ahmad, S/o Late Fazle Karim.
2. Anwari Khatton, W/o Razi Ahamad.
Versus
The State of Bihar
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02. 12.09.2011 Heard learned counsel for the petitioners,
informant and the State.
The petitioners are apprehending their arrest in a
case registered under Sections 366A, 376 and 372 of the
Indian Penal Code and Section 3(i)(x) of the SC/ST Act.
From the statement of the victim recorded under
Section 164 Cr.P.C. there is no allegation of kidnapping
against the petitioners and only allegation against them is
that they being parents of the main accused attempted to
cover his misdeed.
Considering the same, let the petitioners, above
named be released on anticipatory bail 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
Additional Chief Judicial Magistrate, Benipur (Darbhanga)
in connection with Bahera P.S. Case No. 108 of 2011
(G.R. No. 110/2011) subject to the conditions as laid
down under Section 438(2) of the Code of Criminal
2
Procedure as also subject to the following conditions:- (i)
That one of the bailors will be a close relative of the
petitioners who will give an affidavit giving genealogy as to
how he is related with the petitioners. The bailor will also
undertake to inform the Court if there is any change in
the address of the petitioners. (ii) That the affidavit shall
clearly state that the petitioners are not an accused in any
other case and if they are they shall not be released on
bail. (iii) That the bailor shall also state on affidavit that
he will inform the court concerned if the petitioners are
implicated in any other case of similar nature after their
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. (iv) That the petitioners
will be well represented on each date and if they fail to do
so on two consecutive dates, their bail will be liable to be
cancelled.
(Anjana Prakash, J.)
Vikash/-