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Patna High Court - Orders

Muneshwar Sao @ Muneshwar Sah vs The State Of Bihar on 9 April, 2013

Author: Anjana Prakash

Bench: Anjana Prakash

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Criminal Miscellaneous No. 10064 of 2013
               ===================================================
               1. Muneshwar Sao @ Muneshwar Sah, S/o late Jhagar Sao.
               2. Kothi Devi, Wife of Muneshwar Sao.
                                                       .... .... Petitioner/s
                                          Versus
               The State of Bihar.
                                                  .... .... Opposite Party/s
               ===================================================

          CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
              ORAL ORDER

03.   09.04.2013

Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 304B and 201/34 of the Indian Penal Code.

Considering that the Petitioners kept absconding for a number of years even though they were named in the First Information Report, I am not inclined to grant them bail. The prayer for bail is rejected.

However, the Petitioners, above named may be released on bail after framing of charge on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sessions Judge, Jamui in connection with S.Tr. No. 446/2011 arising out of Laxmipur P.S. Case No. 103 of 2010 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit Patna High Court Cr.Misc. No.10064 of 2013 (3) dt.09-04-2013 2 giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J.) Vikash/-