IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30468 of 2011
1.Sabila Khatoon wife of Md.Azizul
2.Md.Kauser son of late Wakil
Both are resident of village-Maheshpur
P.S.-Baheri, District- Darbhanga.
Versus
The State Of Bihar
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2. 9.9.2011. Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence punishable under sections 147, 148,
149, 341, 323, 307, 504 of the Indian Penal Code. Subsequently,
section 302 of the Indian Penal Code has been added.
It is stated on behalf of the petitioners that specific
allegation of assault is against co-accused Md. Nisarul Haque.
Altogether eleven accused persons whose case is identical to that of
the petitioners have already been grant privilege of anticipatory bail
by order dated 5.8.2011 passed in Cr. Misc. No.22586 of 2011 by
this court.
Taking into consideration the fact that co-accused whose
case is similar to that of the petitioners have already been granted
bail let the petitioner, namely, Sabila Khatoon and Md. Kauser in
the event of their arrest or surrender before the court below within a
period of four weeks from the date of receipt/communication of the
order be released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Darbhanga at Laheriasarai
in connection with Baheri P.S. Case No.81 of 2011 subject to the
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conditions as laid down under section 438(2) of the Code of
Criminal Procedure and (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 undertake to furnish information to the court about any change
in the address of the petitioners, (ii) That the affidavit shall clearly
state that the petitioners are not 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 give an undertaking
that they will receive the police papers on the given date and be
present on date fixed for charge and if they fail to do so on two
given dates and delay the trial in any manner, their bail will be liable
to be cancelled for reasons of misuse and (v) That the petitioners
will be well represented on each date and if they fail to do so on two
consecutive dates, their bail shall be liable to be cancelled.
Md.S. ( Ashwani Kumar Singh, J.)