IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.44820 of 2010
SATISH PASWAN son of Ramjeevan Paswan
Versus
THE STATE OF BIHAR & ANR
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2/ 16.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 366-A, 120-B of the Indian Penal Code.
It has been submitted that from the statement of the
alleged victim recorded under section 164 Cr. P. C. it appears to be a
case of consent between the parties.
Considering the same, 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 or any other
surety to be fixed by the court below to the satisfaction of the Chief
Judicial Magistrate, Jehanabad, in connection with Arwal P.S. Case
No.63 of 2002 subject to the 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 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 he is, he shall not be released on bail, (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
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
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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, and (v) That the petitioner will be
well represented on each date and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
JA/- (Anjana Prakash,J.)