Mustak Ali @ Md. Mustak Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.49663 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49663 of 2016 Arising Out of PS.Case No. -243 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Mustak Ali @ Md. Mustak Ali Son of Haliman Ansari @ Md. Abdul Halim, resident of Village- Rajdihan, P.S.- Dumraon, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Allegation against the petitioner is of theft in the house of the informant.

It has been submitted on behalf of the petitioner that the petitioner is a government servant and as a matter of fact there was love affair between the nephew of the petitioner with the daughter of the informant and due to the aforesaid, false case has been lodged. It has further been submitted that there was no recovery from the possession of the petitioner.

Patna High Court Cr.Misc. No.49663 of 2016 (2) dt.20-12-2016 Having heard both sides and in view of the fact that petitioner is a government employee and there is no chance of his absconding, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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, Buxar in connection with Dumraon P.S. Case No. 243 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure also with condition that the petitioner shall co-operate with the investigation as well as in the trial and in failure of the same the Court below shall consider for cancellation of the bail bonds of the petitioner. (Vinod Kumar Sinha, J) Prakash/- U T