Allowed

Kanti Devi and Anr. v. The State Of Bihar

Patna HC14 Aug 2014CR. MISC./30505/2014

Case brief

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What is this about?

A two-member bench allowed a petition seeking quashing of an order refusing time for surrender. The court granted bail based on strict undertakings for physical presence at every trial date and deposit of a sum for the Legal Aid Committee.

What did the court decide?

Petition allowed; surrender ordered within four weeks; bail granted on specific conditions including deposit of Rs.500/- per petitioner.

Kanti Devi and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30505 of 2014

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Arising Out of PS.Case No. -23 Year- 2012 Thana -PUNPUN District- PATNA ====================================================== 1. Kanti Devi W/O Sunil Kumar 2. Manish Kumar S/O Sunil Kumar, Both resident of village- Pothahi, P.S. - Punpun, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 14-08-2014 The Petitioners seek quashing of the order dated 27.3.2014 passed by the Sessions Judge, Patna in A.B.P. No.4652 of 2012, by which the court below has refused to extend time for surrender.

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Undoubtedly the Petitioners committed grave wrong by not surrendering in time but once they undertake that they will be physically present on each date of trial without fail and if they fail to do so on two consecutive dates without any reasonable cause, their bail bonds will be liable to be cancelled, I am inclined to allow this petition.

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Let the Petitioners surrender in the Court below within a period of four weeks from the date of receipt of this order and they shall be released on bail on the previous directions and also on conditions (i) That one of the bailor will be a close relative of

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Patna High Court Cr.Misc. No.30505 of 2014 (2) dt.14-08-2014

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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 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, (iii) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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The Petitioners are directed to deposit a sum of Rs.500/- each in the concerned District Legal Aid Committed, which shall be payable to Informant.

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The application stands disposed of.

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(Anjana Prakash, J)

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Narendra/-

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U T

Kanti Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kanti Devi and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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