Ashraf Jamal @ Nanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77006 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- CHANPATIA DistrictWest Champaran ====================================================== Ashraf Jamal @ Nanki Son of Bachcha Miyan @ Md. Mustafa Jamal Mansuri Resident of Village-Semrahiya,P.S. Chhauradano,Distt.-East Chmparan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A, 363, 366, 323, 328/34 IPC registered in connection with Chanpatia P.S. Case No. 68 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the cousin of the husband of the informant's sister. After due investigation, the police has submitted final form exonerating the petitioner, but however, differing from the sane cognizance has been taken. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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 Additional Chief Judicial Magistrate V, West Champaran at Bettiah, in

Patna High Court Cr.Misc. No.77006 of 2018(2) dt.15-01-2019 2/2 connection with Chanpatia P.S. Case No. 68 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following 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) 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.

Chandran/- (Vikash Jain, J) U T