Md. Rauf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32740 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- KORHA District- Katihar ====================================================== MD. RAUF S/o Md. Idrish R/o Village- Bisharia, Muslim Tola, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Korha P. S. case no. 208 of 2018 corresponding to Sessions Trial no. 56 of 2019 instituted for the offence under Section(s) 341, 323 and 307/34 of the Indian Penal Code.

Earlier, the prayer for bail of petitioner was rejected by this Court vide order dated 26.11.2018 passed in Cr. Misc. no. 65127 of 2018 with liberty to petitioner to renew prayer for bail after six months if the trial is not concluded within six months.

The report called for from the Court has been received from which it appears that only three witnesses have been examined out of seven witnesses.

Patna High Court CR. MISC. No.32740 of 2019(5) dt.24-07-2019 2/3 Learned counsel for petitioner submits that allegation against this petitioner is of giving stab blow in the abdomen of husband of informant. Learned counsel for petitioner submits that injury report of husband of informant is available in para 38 of the case diary, wherein, doctor has found one injury on the person of injured which is stated to be simple in nature.

Considering the aforesaid, let the petitioner, above named, 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 the Sessions Judge, Katihar in connection with Korha P. S. case no. 208 of 2018 corresponding to Sessions Trial no. 56 of 2019 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

(iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail

Patna High Court CR. MISC. No.32740 of 2019(5) dt.24-07-2019 3/3 bond of the petitioner.

(Sanjay Priya, J) shyambihari/- U T