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Patna High CourtCR. MISC./6004/2020bail granted

Sk. Imteyaz @ Md. Imtiaz @ Md. Intiaz v. The State Of Bihar

2020-02-28Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6004 of 2020 Arising Out of PS. Case No.-22 Year-2017 Thana- MAHILA PS District- East Champaran ====================================================== SK. IMTEYAZ @ MD. IMTIAZ @ MD. INTIAZ Son of Sk. Abdul Hai Resident of Village - Shekhi Chakia, Police Station - Chakia, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 494, 498-A, 354(B) and 504/34 of the Indian Penal Code, registered in connection with Mahila P.S.Case No. 22 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the brother-in-law of the informant. The accusation against the petitioner is general and omnibus in nature. His case stands on better footing than that of the informant's husband namely, Sk. Ayaz @ Sk.Aiyaz, who has been granted anticipatory bail by this Court in Cr. Misc. No. 36838 of 2018 and other co-accused have been

Patna High Court CR. MISC. No.6004 of 2020(2) dt.28-02-2020 2/3 granted bail by this Court in Cr. Misc. No. 33012 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Mahila P.S.Case No. 2 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.6004 of 2020(2) dt.28-02-2020 3/3 failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T