IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31808 of 2011 Kanti Devi wife of Late Birsh Manjhi Versus The State Of Bihar ----------- 2. 26.9.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report but was implicated on the basis of the confessional statement of the co-accused and there is no recovery from his possession and there is only one other case pending against her. Considering the same, let the petitioner above named, be released on bail 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 concerned to the satisfaction of the Judicial Magistrate, 1st class, Gopalganj in connection with Gopalganj P.S. Case No.332 of 2010 Trial No.4018 of 2011, subject to the conditions (i) That one of the bailor shall be Amarjit Manjhi, brother of the petitioner and the other bailor 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 bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) - 2 - That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after her 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, (iii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, (iv) That the petitioner will be well represented on each date if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Learned Counsel for the petitioner submits that the petitioner has been implicated repeatedly at the instance of the local police who is hostile to the petitioner and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioner is directed to appear before the Head Priest of local Temple, Gopalganj within fifteen days of her release and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In case, the petitioner does not file a certificate about her reporting to the Head Priest within two weeks of her release from jail custody, she shall be noticed for cancellation of bail. During six months the petitioner is expected to engage herself - 3 - in fruitful activities under the guidance of the Head Priest, local Temple, Gopalganj and at the end of six months she will file a certificate of her conduct in the court below issued by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken into custody. Narendra/ ( Anjana Prakash, J. )