Patna High CourtCR. MISC./47511/2017bail granted

Md. Afzal @ Afzal Ansari v. The State Of Bihar

2017-10-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47511 of 2017 Arising Out of PS.Case No. -556 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Afzal @ Afzal Ansari Son of Mubarak Resident of Jumman Chowk Ward No. 1 Kali Mela Road, Police Station - Forbesganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Forbesganj P.S. Case No. 556 of 2017 appertaining to Special (POCSO) Act Case No. 23 of 2017 instituted for the offence under Sections-354A, 354B, 506/34 of the Indian Penal Code and Sections-4/6 of the POCSO Act. It has been submitted that in the written report, the specific allegation is against co-accused Md. Mokim. This petitioner is brother of Md. Mokim.

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

Patna High Court Cr.Misc. No.47511 of 2017 (2) dt.16-10-2017 2/2 Case No. 556 of 2017 appertaining to Special (POCSO) Act Case No. 23 of 2017 to the satisfaction of Additional Sessions Judge-Ist-cumSpecial Judge (POCSO) Act, Araria 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