Niranjan Thakur And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28192 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -BELDAUR District- KHAGARIA ======================================================
1. Niranjan Thakur S/o Sri Ram Thakur Resident of Village - Haripur, P.S. - Beldaur, District - Khagaria.
2. Diwakar Thakur S/o Yogendra Thakur Resident of Village - Dima Basa, P.S. - Alamnagar, District - Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Roy 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-07-2016 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 366A/34 of the Indian Penal Code. Considering that the victim did not allege any misbehaviour towards herself at the hands of the Petitioners, who have fair antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No.44 of 2016, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an
Patna High Court Cr.Misc. No.28192 of 2016 (2) dt.13-07-2016 2/2 affidavit giving genealogy as to how he is related with the petitioners.
The bailor will undertake to furnish information to the Court about any change in address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners 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, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) Narendra/- U T