Patna High Court - Orders
Md. Saiduzzama @ Kamji & Ors vs The State Of Bihar on 29 January, 2015
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31102 of 2014
Arising Out of PS.Case No. -137 Year- 2013 Thana -PUPRI District- SITAMARHI
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1. Md. Saiduzzama @ Kamji S/o Abuzaffar
2. Bustana Khatoon W/o Md. Saiduzzama Both resident of village-
Manikpur.
3. Md. Sadik S/o Abdul Vaki
4. Nuzhad Khatoon W/o Md. Sadik
5. Fatama Khatoon W/o Aahiya, D/o Md. Suleman
6. Rahana Khatoon W/o Abdul Banki
7. Afroz Khatoon D/o Md. AAhiya All resident of village- Barga Chhiya,
P.S.- Pupri, Dist.- Sitamarhi
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
3 29-01-2015Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered under Sections 363 and 365/34 of the Indian Penal Code.
Considering the statement of the victim recorded under Section 164 Cr.P.C. after seven months of the occurrence and that there is no allegation against the Petitioners that they had used the victim for any illegal purpose, let the petitioners above named, who have fair antecedents, be released on anticipatory bail in the event of arrest or surrender before the learned court below within a Patna High Court Cr.Misc. No.31102 of 2014 (3) dt.29-01-2015 2/3 period of four weeks from the date of receipt of this order in connection with Pupri P.S. case No.137 of 2013 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor 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 information to the Court about any change in address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an 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 their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will give an undertaking that they 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, (v) That the petitioners will be Patna High Court Cr.Misc. No.31102 of 2014 (3) dt.29-01-2015 3/3 well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) Narendra/-
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