Kundan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28219 of 2016 Arising out of PS.Case No. -1560 (C) Year- 2011 District- JAMUI ====================================================== Kundan Sah, son of Suresh Sah, resident of village Bhaluana, P.S. Chandradip, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Maya Devi, W/o Bhola Sah. R/o Vill. Bhahuana, P.S. Chandradip, Distt. Jamui.

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

For the Petitioner/s : Mr. Amar Prakash, Adv. For the State : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-07-2016 Heard learned Counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 376, 323, 504 and 34 of the Indian Penal Code.

Considering the earlier dispute between the Parties, let the petitioner above named who has fair antecedent, 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 to be fixed by the court concerned to the satisfaction of Sri Amrendra Kumar, Judicial Magistrate, 1st Class, Jamui (or his successor), in connection with Complaint Case No. 1560(C) of 2011, subject to the conditions, (i) That one of the bailors will be a close relative

Patna High Court Cr.Misc. No.28219 of 2016 (2) dt.13-07-2016 2/2 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.

(Anjana Prakash, J) S.Ali/- U T