Bablu @ Md. Nizam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.836 of 2015 ======================================================

1. Bablu @ Md. Nizam Son of-Md. Fakruddin @ Badruddin Mian Resident of Village-Salempura Nipania, Police Station-Eshapure, District-Saran, at present resident of High Choice Genets Parlor, Chauraha Park No.07, Gur Ki Manhi, P.S.-Alamganj, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Mahila P. S. Case No. 24 of 2012 registered for offences under sections 373, 376, 343, 347, 120B, 506, 420 of the Indian Penal Code and 3/4/5/6 of Immoral Traffic Act. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 43081 of 2013 and this Court vide order dated 19.03.2014, rejected the same but liberty was given to renew his prayer for bail within a period of nine months from the date of receipt/production of copy of this order. However, if the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew the prayer for bail.

The counsel for the petitioner submits that the petitioner

Patna High Court Cr.Misc. No.836 of 2015 (3) dt.28-01-2015 2/2 is in custody since 11.05.2013.

Looking to the facts and circumstances of the case, let the petitioner Bablu@ Md. Nizam, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Jitesh Kumar, learned Judicial Magistrate, 1st class-cum- Additional Munsif- III , Patna City, in connection with Mahila P.S.Case No. 24 of 2012, subject to the condition that(i) one of the bailors shall be a close relative f the petitioner ii) if the petitioner is found involved in future in similar type of case,the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of his bail and iii) the petitioner would cooperate the proceeding of the Court below. In event of failure to appear on two consecutive dates, the Court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Sudha/- U T