Juber Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39941 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -KODHA District- KATIHAR ======================================================

1. Juber Ali S/o Kokan Mian @ Kokal Ali, resident of- Pachgacchia, P.S.- Gopalpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Korha P.S. Case No. 177 of 2017 instituted for the offence under Sections-376/34 of the Indian Penal Code.

There is allegation in the written report that this petitioner and two other accused namely, Arsad Ali and Imran Ali committed illegal act with the informant and two others namely, Kusum Khatoon and Sulekha Khatoon on the promise to marry with them. The statement of all the three victim girls have been recorded u/S 164 of the Cr.P.C. which has been annexed as Annexure-2 series wherein all the three victim girls have stated that no illegal act has been committed with them.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.39941 of 2017 (2) dt.30-08-2017 his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Korha P.S. Case No. 177 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Katihar subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if 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.

(Sanjay Priya, J) A.K.V./- U T