IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43219 of 2010
SITARAM MALLAH S/O HARIRAJ CHAUDHARY
Versus
THE STATE OF BIHAR
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3. 15.03.2011 Heard learned counsel for the petitioner
and the state.
The petitioner seeks bail in a case
instituted for the offence under Section 364(A)/34
of the Indian Penal Code.
It has been submitted that the alleged
victim of kidnapping did not disclose the name of
the petitioner in his first statement but did so after a
year in his reinstatement and the petitioner has fair
antecedents.
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 concerned to the satisfaction of
learned A.C.J.M., Bagaha, District- West
Champaran in connection with Piprasi P.S. Case No.
27/2004, subject to the conditions, (i) That one of
the bailor will be a close relative of the petitioner
who will give an affidavit giving genealogy as to how
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he is related with the petitioner and the other bailors
shall be the father/brother of the petitioner. The
bailors will undertake to furnish information to the
Court about any change in 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 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 if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
Fahad. ( Anjana Prakash, J.)