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Patna High Court - Orders

Sheikh Kamruddin vs State Of Bihar & Anr on 16 May, 2013

Author: Anjana Prakash

Bench: Anjana Prakash

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No. 12917 of 2013
               ===================================================
               Sheikh Kamruddin
                                                      .... .... Petitioner/s
                                         Versus
               State of Bihar & Anr
                                                 .... .... Opposite Party/s
               ===================================================

          CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
              ORAL ORDER

02.   16.05.2013

In the nature of dispute between the parties, learned counsel for the Petitioner is permitted to implead the Informant as Opposite Party No. 2.

Issue notice to the Opposite Party No. 2 to show cause as to why this application be not admitted/disposed off at the stage of admission itself, for which requisites etc. under registered cover with A/D as well as ordinary process must be filed within 10 days after Annual Vacation, failing which this application shall stand rejected without further reference to the Bench.

Rule is made returnable within one month. In the meanwhile, let the Petitioner, above named be released on provisional 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, West Champaran at Bettiah in connection with Sikta P.S. Case No. 122 of 2012 subject to the conditions that one of the bailors will be a close relative of the Petitioner who will Patna High Court Cr.Misc. No.12917 of 2013 (2) dt.16-05-2013 2 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.

The Petitioner volunteers to deposit Rs. 500/- (Five Hundred Rupees) per month in the Court below firstly within 15 days of the release from jail custody and subsequently by 15th every month which the wife of the Petitioner will be at liberty to withdraw without prejudice the right of the parties. However, if the Complainant/Informant has a Bank Account or subsequently opens a Bank Account, the money shall be deposited in the Account and a receipt to this effect shall be filed by 15th every month in the Court below and in case he fails to do so his bail would be automatically cancelled.

(Anjana Prakash, J.) Vikash/-