High Court Patna High Court - Orders

Rocky @ Rakib vs The State Of Bihar on 17 June, 2010

Patna High Court – Orders
Rocky @ Rakib vs The State Of Bihar on 17 June, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.20778 of 2010
                   ROCKY @ RAKIB, S/o Md. Karim.
                               Versus
                        THE STATE OF BIHAR
                              -----------

02. 17.06.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 367 and 368/34 of the Indian

Penal Code.

The prosecution case is that the daughter of the

informant was kidnapped and sold off by accused

persons. When the alleged victim was recovered she stated

that she had gone with the petitioner at the behest of

somebody else. When alleged co-accused persons were put

on trial the victim did not support the case of the

prosecution and therefore they were acquitted of all the

charges. The petitioner is in custody since 24.04.2010

and no offence similar in nature is pending against him.

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, Katihar in

connection with Pranpur P.S. Case No. 81 of 2008 subject

to the following conditions:- (i) That one of the bailors will

be a close relative of the petitioner who will give an

affidavit giving genealogy as to how he is related with the
2

petitioner. The bailor will also undertake to inform the

Court if there is any change in the 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.

The Magistrate before releasing the petitioner on

bail will verify the antecedents of the petitioner as to

whether he is an accused in any other case of similar

nature. If he is found to be so he shall not be released on

bail.

(Anjana Prakash, J.)
Vikash/-