Mansoor Ansari @ Manjoor Ansari @ Md. Mansoor And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46723 of 2014 Arising Out of PS.Case No. -80 Year- 2013 Thana -CHANDAN District- BANKA ======================================================

1. Mansoor Ansari @ Manjoor Ansari @ Md. Mansoor Son of Late Bhola Bakash Ansari

2. Enamul Ansari Son of Khalil Ansari residnet of village- Asudha, P.S.- Chandan (Anandpur), District- Banka .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-02-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 366(A), 376, 34 of IPC. Allegation against the petitioners is to have committed the rape of the victims.

It is submitted that during trial six witnesses including the victims and the informant have been examined. The victims are P.Ws. 3 and 4 they have not supported the prosecution case and they have been declared hostile. P.W. 2 is the informant and he has also not supported the prosecution case. It is further submitted that all the material witnesses have been examined only the Investigating Officer and the doctor are yet to be examined which will not improve the case of the

Patna High Court Cr.Misc. No.46723 of 2014 (2) dt.11-02-2015 2/2 prosecution. The petitioners are in custody since 4.11.2013 and 11.11.2013 respectively having no criminal antecedent. Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhagalpur/court concerned in S. T. No. 1211 of 2013 (arising out of Chandan (Anandpur) P. S. Case No. 80 of 2013 with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T