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Patna High CourtCR. MISC./1935/2016bail granted

Arjun Sahni v. State Of Bihar And ANR

2016-01-18Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1935 of 2016 Arising out of P.S. Case No. -534 Year- 2013 Thana - MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR =================================================== Arjun Sahni Son of Late Jagdeo Sahni, Resident of VillageShekhpur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunaina Devi, Wife of Late Batohi Mishra, Resident of VillageMuksudpur, P.S.- Meenapur, DistrictMuzaffarpur.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Opposite Party/s: Mr. Nitya Nand Tiwary (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 18.01.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner is apprehending his arrest in a case registered under Sections 420 and 468/34 of the Indian Penal Code.

Considering that the Petitioner is the purchaser of land in question and has fair antecedents, let him be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order 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 Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. C534 of 2013 (Tr. No.

Patna High Court Cr.Misc. No.1935 of 2016 (2) dt.18-01-2016 384 of 2015) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also 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. 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 he is he 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 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 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.

Vikash/- (Anjana Prakash, J.) U T