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
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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.)