IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15357 of 2010
SURESH RAM SON OF LATE HARICHARAN RAM
Versus
STATE OF BIHAR
-----------
3. 5.7.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 364A of the Indian Penal Code.
It has been submitted that the petitioner is not named
in the first information report and subsequently the victim was
recovered from the house of the petitioner’s brother. The only
material that has transpired against the petitioner is that he
happened to be the brother of Jawahar Ram, from whose house
the victim was recovered.
In view of such, let the petitioner above named, who is
in custody since 1.10.2009 and has no criminal antecedents, be
released on bail on furnishing bail bond of Rs.5,000/- (Five
thousand) with two sureties of the like amount each to the
satisfaction of Sri B.P.Singh, A.D.J., F.T.C.II, Buxar in S.Tr.No.4 of
2010 arising out of Buxar (M) P.S.case No.27 of 2009, 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 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 on affidavit that
-2-
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 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.
( Anjana Prakash, J. )
Narendra/