Izhar Miyan @ Md. Izhar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10395 of 2018 Arising Out of PS.Case No. -135 Year- 2017 Thana -MANJHI District- SARAN ====================================================== Izhar Miyan @ Md. Izhar Ansari, S/o Husnain Miyan, R/o VillageBalmuku Mathiya, P.S.- Manjhi, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Manjhi P.S. Case No. 135 of 2017 instituted for the offence under Sections 341, 323, 324, 307, 354 and 34 of the Indian Penal Code. In the written report there is general and omnibus allegation that this petitioner along with other accused persons came to the house of the informant and caught hand of the victim Nisha Khatoon. It is also alleged that some of the accused forcefully pullled Nisha Khatoon and attempted to outrage her modesty.

It has been submitted that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.10395 of 2018 (2) dt.27-02-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Manjhi P.S. Case No. 135 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, subject to the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- U T