High Court Patna High Court - Orders

Sushil Barman @ Sushil Berman … vs The State Of Bihar on 15 June, 2010

Patna High Court – Orders
Sushil Barman @ Sushil Berman … vs The State Of Bihar on 15 June, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr. Misc. No.20081 of 2010
          1.   SUSHIL BARMAN @ SUSHIL BERMAN
          2.   Nakul Barman,
          3.   Nirmal Barman &
          4.   Nikhilesh Barman, all son of Nagarvasi Barman

                                         Versus

                                THE STATE OF BIHAR
                                       -----------

2/ 15.06.2010 Heard learned counsel for the petitioners, informant and

the State.

The petitioners seek anticipatory bail in a case instituted

for the offence under sections 376, 511, 225 of the Indian Penal Code.

It has been submitted that there is no allegation of any

attempt to commit rape against the present petitioners and the only

allegation against them is that they aided the main accused subsequent

to the occurrence in a Panchayati being held to solve the dispute.

In view of such, in the event of surrender of the

petitioners, named above, within four weeks from today in connection

with Manpur P.S. Case No. 11 of 2010, they shall be released on

anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand)

with two sureties of the like amount each to the satisfaction of the

Chief Judicial Magistrate, Bettiah, West Chamapran, subject to

conditions as laid down under section 438 (2) Cr. P.C., and (i) That

one of the bailors will be a close relative of the petitioners, who will

give an affidavit giving genealogy as to how he is related with the

petitioners. The bailors will undertake to furnish information to the

court about any change in the address of the petitioners, (ii)That the

petitioners shall undertake to be represented on the first date after
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cognizance and in case they fail to do so, their bail bond will be liable

to be cancelled (iii) That the petitioner will give an undertaking that

they will receive the police papers on the given date and be present on

date fixed for charge and if they fail to do so on two given dates and

delay the trial in any manner, their bail will be liable to be cancelled

for reasons of misuse and (iv)That the petitioners will be well

represented on each date and if they fail to do so on two consecutive

dates, their bail will be liable to be cancelled.

JA/-                                      (Anjana Prakash, J.)