IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.28018 of 2011
Saroj Devi w/o Jainendra Kumar Sinha
Versus
The State Of Bihar
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2/ 15.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks anticipatory bail in a case instituted
for the offence under sections 414 of the Indian Penal Code.
Considering that the petitioner is a lady and being owner
of the truck has been involved in the present occurrence wherein
Aluminum wire was recovered loaded on the truck, it is ordered that
in the event of surrender of the petitioner, named above, within four
weeks from the date of receipt of a copy of this order in connection
with Chandi P.S. Case No.35 of 2011, she shall be released on
anticipatory bail on furnishing bail bond of Rs.5,000/-(five
thousand) with two sureties of the like amount each to the
satisfaction of the Additional Chief Judicial Magistrate, Hilsa,
Nalanda, subject to conditions as laid down under section 438 (2)
Cr. P.C., and (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 petitioner. The bailors will undertake to furnish
information to the court about any change in the address of the
petitioner, (ii) That the affidavit shall clearly state that the petitioner
is not an accused in any other case and, if she is, he shall not be
released on bail and further the petitioner shall undertake to be
represented on the first date after cognizance if the investigation in
the case is still pending and in case she fails to do so, her bail bond
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will be liable to be cancelled (iii) That the bailors shall also state on
affidavit that they will inform the court concerned if the petitioner is
implicated in any other case of similar nature after her 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 petitioner will give an undertaking that she will
receive the police papers on the given date and be present on date
fixed for charge and if she fails to do so on two given dates and
delays the trial in any manner, her bail will be liable to be cancelled
for reasons of misuse and (v) That the petitioner will be well
represented on each date and if she fails to do so on two consecutive
dates, her bail will be liable to be cancelled.
JA/- (Anjana Prakash,J.)