Patna High Court - Orders
Rajdeo Mahto & Anr vs State Of Bihar on 10 May, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14932 of 2010
1. RAJDEO MAHTO S/O LATE BHUBNESHWAR MAHTO
2. GEETA DEVI W/O RAJDEO MAHTO
Versus
STATE OF BIHAR
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2. 10.5.2010Heard learned Counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the offence under Sections 364/34, 302 and 201 of the Indian Penal Code.
The prosecution case is that the son of the informant had gone to the house of the petitioners but did not return. He alleged that he suspected that the petitioners are involved in the kidnapping of his son. During investigation, co-accused Vikrant Mahto i.e. the son of the petitioners was arrested, who confessed and on his confessional statement the dead body of the deceased was recovered.
Considering that there is no eye witness to the actual occurrence and the petitioners are in custody since 24.1.2010 and 3.2.2010 respectively, let the petitioners above name be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City in Agamkuan P.S.case No.14 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish -2- information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not 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 theirrelease 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 and (iv) that the petitioners will give an undertaking that he 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.
( Anjana Prakash, J. ) Narendra/