Ansar Alam @ Absar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5386 of 2016 Arising Out of PS.Case No. -55 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Ansar Alam @ Absau Alam, S/o- Agaque, resident of village- Dumariya, P.S.- Powakhali, District- Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Diwakar Sinha For the Opposite Party : Mr. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bahadurganj P.S. Case No. 55 of 2014, disclosing offences under sections 376, 372, 366/34 of the Indian Penal Code. A complaint case filed by the informant is the basis for registration of the present First Information Report under section 156(3) of the Cr.P.C.

Learned counsel for the petitioner submits that the complaint case was filed more than two months earlier from the alleged date of occurrence, for which there is no plausible explanation. He further submits that the allegation, as contained in

Patna High Court Cr.Misc. No.5386 of 2016 (2) dt.08-03-2016 2/2 the complaint petition, which forms part of First Information Report, is highly improbable. It has further been submitted that petitioner shall co-operate the police in course of investigation and personally present itself before the Court as and when required. Considering the facts and circumstances of the case, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 55/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rajiv/- U