Md. Riyaj Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10567 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- SUIYA District- Banka * ====================================================== Md. Riyaj Ansari, S/o Usman Ansari, Residence of Village - Hathiyapath, P.S.-Suiya, District-Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhakar Kumar For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Suiya P.S. Case No. 75 of 2018 registered for the offence punishable under Sections 498(a), 308, 506, 504, 494 of the Indian Penal Code.
Informant has alleged in her written complaint that marriage between the informant and the petitioner was solemnized in the year 2012 and from said wedlock, a male child was also born but even thereafter, she was subjected to torture by the petitioner and he went to Delhi to earn his livelihood and returned back on 14.09.2018 and started abusing and assaulting her, however, she was rescued by her father-in-
Patna High Court CR. MISC. No.10567 of 2019(4) dt.06-03-2019 2/3 law and mother-in-law.
It has been submitted on behalf of the petitioner that the allegations are false and concocted. He is ready to keep his wife with dignity and honour. Petitioner has got no criminal antecedent and is in custody since 18.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Suiya P.S. Case No. 75 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court CR. MISC. No.10567 of 2019(4) dt.06-03-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T