Mukhtar Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19489 of 2022 Arising Out of PS. Case No.-498 Year-2021 Thana- DUMRAO District- Buxar ====================================================== 1.

MUKHTAR MANSOORI Son of Suleman Mansoori @ Suleman Miya 2.

Imtiyaz Mansoori Son of Mukhtar Mansoori Both Resident of village - Bandhan Patwa Road (Dhuniatoli) Ward No.18, Dumraon, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State in the virtual Court proceeding. The petitioners seek bail in a case registered for the offence under Sections 147, 148, 323, 324,354,354(A),379 and 427 of the Indian Penal Code.

Allegation against the petitioners is that they caught the hair of the informant dragged and threw her down the ground.

Learned counsel appearing for the petitioners submits that petitioners have clean antecedent and they have falsely

Patna High Court CR. MISC. No.19489 of 2022(2) dt.05-08-2022 2/3 been implicated in the present case. Further submits that it appears from the FIR that the date of occurrence as mentioned in the FIR is 25.03.2021 and the present complaint petition has been filed before the Court of learned Special Judge, POCSO Court on 27.10.2021. Further submits that there is no injury report on record and the victim never medically examined and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 06.3.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Dumrao P.S.Case No. 498 of 2021 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.19489 of 2022(2) dt.05-08-2022 3/3

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T