High Court Patna High Court - Orders

Shushil Das vs The State Of Bihar on 25 August, 2011

Patna High Court – Orders
Shushil Das vs The State Of Bihar on 25 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.27967 of 2011
                             Shushil Das, son of Late Monnar Das
                                             Versus
                                     The State Of Bihar
                                           -----------

2. 25.08.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under Sections 312 and 314 of the Indian Penal

Code.

It has been submitted that the Complaint is based

on hear say evidence of the Complainant after ten months of

the occurrence.

In view of the aforesaid, 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, Katihar, in

connection with Kadwa P.S. Case No. 174 of 2010 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)
2

That the bailor shall also state 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