Satyendra Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41799 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Satyendra Tiwary Son of Ram Surat Tiwary Resident of Village- Khaira (Bed), Police Station Chenari, District- Rohtas at Sasaram .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ambuj Nayan Chaubey For the Opposite Party/s : Mr. Sanjay Kumar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 376/511/506 of the Indian Penal Code and the fact that such F.I.R. against the petitioner came to be filed after almost 14 days of the alleged occurrence, this Court keeping in view of also the conflicting statement of the persons accompanying the informant is inclined to direct for release of the petitioner on bail. That being so, let the petitioner, Satyendra Tiwary, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.P.Choudhary, Judicial Magistrate, 1st class, Rohtas at Sasaram in Chenari P.S.Case No. 85/2014, subject to the following conditions:

(i) That both the bailors will be a close relative of

Patna High Court Cr.Misc. No.41799 of 2014 (3) dt.21-01-2015 the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) 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.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U