Md. Shamsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31988 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Md. Shamsi, Son of Md. Khalil, Resident of Village- Dokahar, P.S.- Kaluahi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kaluahi P.S. Case No. 53 of 2018 registered for the offence punishable under Sections 341, 323, 379, 354(B), 504, 506/34 of the Indian Penal Code.

The petitioner and the informant are full brothers. Allegation against the petitioner is of causing injury and outraging modesty of mother of the informant. It has been submitted on behalf of the petitioner that there is partition suit between the parties with respect to joint family property. It has been further submitted that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.31988 of 2018(2) dt.23-05-2018 2/3 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Kaluahi P.S. Case No. 53 of 2018 in connection with J.M. Madhubani subject to the condition as laid down under Section 438(2) of the Cr.P.C 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.31988 of 2018(2) dt.23-05-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/-sneha U