Patna High Court - Orders
Amit Charles vs The State Of Bihar on 6 February, 2012
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43733 of 2011
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Amit Charles S/O Late Charles Lawrence Resident of House No.- 38,
Fairfield Colony, Digha, P.S.- Digha, District- Patna
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Sumant Singh, Adv.
For the Opposite Party : Mr. Ashraf Ansari, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
3 06-02-2012Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Mr. Sanjeev Kumar learned counsel for the informant who opposes the prayer of the petitioner for bail.
The petitioner is in custody in connection with Gaya Civil Lines P.S. Case No. 298 of 2011 for the offences punishable under Sections 376, 420 and 292 of the Indian Penal Code and Section 67 of the Information Technology Act, 2000.
Taking into consideration the submission of learned counsel that the relationship between the informant and the petitioner dates back to the year 2005 as also considering the circumstances that the chargesheet has been submitted under Section 493 of the Indian Penal Code and having perused the materials on record as also the submission of learned counsel that the petitioner has a clean antecedent, let the petitioner namely, Amit Charles be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Gaya Civil Lines P.S. Case No. 298 of 2011 subject to the Patna High Court Cr.Misc. No.43733 of 2011 (3) dt.06-02-2012 2 following conditions:
(a) the petitioner shall accept the police papers on the given date and shall also be present on the date fixed for charge and if the petitioner fails to appear on two consecutive dates fixed for such purpose, the Court below shall be at liberty to cancel the bail bond of the petitioner and to take him into custody.
(b) the petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the court concerned to cancel the bail bond of the petitioner and to take him into custody.
(Jyoti Saran, J) Bibhash/-