IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30621 of 2011 Shankar Prasad Gupta, son of Late Halkhari Sao Versus The State Of Bihar -----------
2. 16.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Section 366A of the Indian Penal Code.
It has been submitted that co-accused Pradeep
Kumar used to work in Studio of the petitioner and had love
affairs with the alleged victim which fact was corroborated
during investigation.
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 or any other
surety to be fixed by the court concerned to the satisfaction of
Chief Judicial Magistrate, Jehanabad, in connection with Ghoshi
P.S. Case No. 164 of 2011 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 petitioner. The bailor 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 bailor shall also state
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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. (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. (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.
( Anjana Prakash, J.)
S.Ali