Shiv Kumar Mandal @ Santosh Kumar vs The State Of Bihar on 2 January, 2014

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Patna High Court - Orders

Shiv Kumar Mandal @ Santosh Kumar vs The State Of Bihar on 2 January, 2014

Bench: Anjana Prakash

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.35852 of 2013
                  ======================================================
                  1. Shiv Kumar Mandal @ Santosh Kumar, S/O Jagdish Mandal, resident of
                  Village- Amarpur, Pankhoria, P.S.- Rasalpur, District- Bhagalpur

                                                                    .... ....   Petitioner/s
                                                    Versus
                  1. The State of Bihar &
                  2. Bhago Devi, w/o Bashistha Mandal, resident of village-Amarpur
                     Pankhoriya P.S.-Rasalpur, District- Bhagalpur

                                                       .... .... Opposite Party/s
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
                  ORAL ORDER

2/   02-01-2014

Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offence under Section(s) 409, 420, 323, 354, 504, 120-B Indian Penal Code.

In the nature of dispute between the parties, counsel for the petitioner is permitted to add the Complainant as Opposite Party no.2 in this application.

Issue notice to the Opposite Party No.2. Requisites both under registered cover with A/D as also under ordinary process must be filed within ten days, failing which this application as against her shall stand rejected without further reference to the Bench.

Notice through ordinary process shall go to the concerned Court to be served upon the counsel appearing on Patna High Court Cr.Misc. No.35852 of 2013 (2) dt.02-01-2014 2/2 behalf of the Opposite Party No.2.

Rule is made returnable within six weeks. In the meanwhile, it is ordered that the event of surrender/arrest of the petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No.2493 of 2012, he shall be released on provisional anticipatory bail till further order on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Judicial Magistrate, 1st class, Bhagalpur, subject to the conditions as laid down under sections 438(2) Cr. P. C. and that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Anjana Prakash, J) JA/-

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Patna High Court - Orders