Suleman Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34807 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== SULEMAN ANSARI S/o Amrullah Ansari @ Amrullahi Miya R/o villageBadipatti Tiwari Tola, Ward No. 20, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Bagaha (Mahila) P.S. Case No. 20 of 2020, registered for the offence punishable under Sections 341, 323,504, 376/34 of the Indian Penal Code. As per the prosecution case, petitioner established physical relation with informant on the assurance of marriage. It is submitted on behalf of the petitioner that informant and petitioner solemnized marriage and they are now living as wife and husband and in support of the same document has been annexed as Annexure -2. Petitioner is in custody since 01.02.2021 having clean antecedent.

Patna High Court CR. MISC. No.34807 of 2021(2) dt.04-09-2021 2/2 Considering the facts and circumstances of the case and the statement of informant vide Annexure-2, the petitioner above-named, is directed to be enlarged 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 learned Additional District Judge VII-cum-Special Judge (POCSO Act), Bettiah, West Champaran in connection with Bagaha (Mahila) P.S. Case No. 20 of 2020, subject to following conditions:- (i) One of the bailors will be the informant of the present case.

(ii) The petitioner 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T