Tuntun Shah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36368 of 2017 Arising Out of PS.Case No. -2325 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Tuntun Shah, Son of Baidnath Shah, Resident of Village- Piyaur, P.S.- M.H. Nagar, Hussainganj, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afroz Alam, Resident of Village- Piyaur, P.S.- M.H. Nagar, Hussainganj, District- Siwan.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 The petitioner is apprehending his arrest in connection with Complaint Case No. 2325 of 2016, registered for offences punishable under Sections 385, 386, 504, 120B, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of threatening the complainant to withdraw the earlier case filed by him in which petitioner and others were accused otherwise to face dire consequences.

It has been submitted on behalf of the petitioner that only to harass the petitioner, the present false and frivolous case has been lodged by the complainant with ulterior motive as earlier also the complainant has lodged a case in which the petitioner was

granted bail.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan, in connection with Complain Case No. 2325 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on to consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T