Salim @ Kalim Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2198 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -KURTHA District- JEHANABAD ======================================================
1. Salim @ Kalim Ansari, Son of Chandu Ansari,
2. Khrsid Ansari Son of Abbas Ansari, Both are resident of VillageRajepur, P.S.- Kurtha, District- Arwal. .... .... Appellants/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellants/s : Mr. Jogendra Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 The appellants seek regular bail in connection with Kurtha P.S. Case No. 96 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 337, 447, 307, 435 and 504 of the Indian Penal Code, Section 12 of POCSO Act and Section 3(1)(r)(s) of SC/ST (POA) Act.
Allegation against the appellants and other co-accused persons is of setting the house of informant on fire and also assaulting him.
It has been submitted on behalf of the appellants that no specific allegation has been made against the appellants and further there is case and counter case between the parties and dispute arose with regard to grave yard and appellants have been in custody since 12.06.2017 and a compromised has also reached
between the parties.
Heard learned Special P.P. also.
Having heard both sides, in view of the above facts, this appeal is allowed and impugned order is set aside. Let the appellants above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Jehanabad, in connection with Kurtha P.S. Case No. 96 of 2017, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellants will not induce any witness or tamper with the evidence.
(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the
prosecution will be free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T