Nasiruddin @ Nasruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39271 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ====================================================== Nasiruddin @ Nasiruddin Ansari Son of Md. Muslim Ansari, resident of Barhara, P.S. Babubarhi, District- Madhubani. ....... Petitioner

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Mahila PS Case No. 76 of 2014, disclosing offences under Sections 376 and 511 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that there is no explanation in the first information report for delay of 1 month and 13 days in institution of the FIR. He also submits that the prosecution case as narrated in the FIR appears to be highly improbable. Considering the submission made on behalf of the petitioner, this application is allowed.

Let the petitioner above named, in the event of his arrest or surrender before the Court below within six weeks from

Patna High Court Cr.Misc. No.39271 of 2015 (2) dt.28-09-2015 2/2 today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani in Mahila PS Case No. 76 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T