Shankar Prasad Gupta vs The State Of Bihar on 16 September, 2011

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Patna High Court – Orders
Shankar Prasad Gupta vs The State Of Bihar on 16 September, 2011
                   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

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