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Patna High CourtCR. MISC./15794/2015bail granted

Pooja Kumari @ Puja Kumari v. The State Of Bihar

2016-03-16Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 15794 of 2015 Arising out of P.S. Case No. -190 Year- 2013 Thana - MINAPUR District- MUZAFFARPUR =================================================== Pooja Kumari @ Puja Kumari Daughter of Sri Mithilesh Kumar, Resident of Village- Kesopur, P.S. Sakra, Distt. Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman, Adv. For the Opposite Party/s: Mr. Renuka Ratnakar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05.

16.03.2016 Supplementary-Affidavit filed today on behalf of the Petitioner stating therein that not a single witness has been examined as yet be kept on record.

Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 363, 365 and 379 of the Indian Penal Code.

Considering that the Petitioner is a lady and her brother-in-law, Rakesh Pathak undertakes her responsibility, let her 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 as fixed by the Court to the satisfaction of 9th Additional Sessions Judge, Muzaffarpur in connection with S.Tr. No. 945 of 2014

Patna High Court Cr.Misc. No.15794 of 2015 (5) dt.16-03-2016 arising out of Minapur P.S. Case No. 190 of 2013 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 and the other bailor shall be the brother-in-law of the Petitioner namely Rakesh Pathak. The bailor will also undertake to inform the Court if there is 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 she is she shall not be released on bail.

(iii) 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 her 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 be physically present on each date of trial and if she fails to do so on two consecutive dates without reasonable cause, her bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, J.)