Yunus Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22882 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Yunus Ansari (Male) aged about 38 years, Son of Islam Mian Resident of Village - Wasilpur, P.S.- G. B. Nagar, District - Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Aslam Ansari, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 387, 354, 504 and 506 of the Indian Penal Code and Section 6/8 of the POCSO Act registered in connection with G.B. Nagar P.S. Case No. 248 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is considerable delay in filing the complaint on 23.06.2018 for the alleged occurrence of 19.04.2018 and the first information report has been instituted after further delay of two months on 01.08.2018. Similarly situated accused persons, namely, Islam Mian @ Md. Islam Ansari and Ataur Rahman have been granted anticipatory bail by this Court vide order dated 15.03.2019 passed in Cr. Misc. No. 76642 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st

Patna High Court CR. MISC. No.22882 of 2019(2) dt.11-04-2019 2/2 Additional Sessions Judge, Siwan in connection with G.B. Nagar P.S. Case No. 248 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T