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Patna High CourtCR. MISC./28386/2016bail granted

Geeta Devi v. The State Of Bihar

2016-07-14Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28386 of 2016 Arising out of P.S. Case No. -161 Year- 2016 Thana -RAHUI District- NALANDA (BIHARSHARIFF) =================================================== Geeta Devi W/o Late Raj Kumar Choudhary Resident of village- Amarpur, P.S. - Rahui (BhaganBigha) District-Nalanda .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rana Baljit Singh, Adv. For the Opposite Party/s: Mr. APP.

=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

14.07.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 272, 273 and 290 of the Indian Penal Code and Section 47(a)(e) of Bihar Law Excise Act (Policy), 2016.

Considering the period of custody and the fair antecedent of the Petitioner, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui (Bhaganbigha) P.S. Case No. 161 of 2016 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit

Patna High Court Cr.Misc. No.28386 of 2016 (2) dt.14-07-2016 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 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 give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)