Shamim Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2159 of 2018 Arising Out of PS. Case No. -726 Year- 2017 Thana -BETTIAH CITY District- WEST CHAMPARAN (BETTIAH) ====================================================== Shamim Afroz Son of Late Sheikh Latifur Rahman, Resident of MohallaNaznin Chowk, Ward No.18, P.S.- Bettiah Town, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.10.2017 in connection with Bettiah Town P.S. Case No. 726 of 2017 for the offences alleged under Sections 341, 323, 354A, 353 and 354 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and is an advocate practicing in the Civil Courts, Bettiah for the past about 30 years and this is the first such case against him which casts serious doubt about the veracity of the accusation.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody of the petitioner above named since 21.10.2017, let him be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 726 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of

Patna High Court Cr.Misc. No.2159 of 2018 (2) dt.15-01-2018 2/2 the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Chandran U T