Ashraf Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51263 of 2017 Arising Out of PS.Case No. -577 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Ashraf Ali Khan, s/o Late Haider Ali Khan, resident of MohallaMaulaganj, P.S. Laheriyasarai, District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Laheriyasarai P.S. Case No. 577 of 2015 instituted for the offence under Sections 387, 504 and 506 of the Indian Penal Code. It has been submitted that petitioner has clean antecedent. He has been implicated in this case by the police merely on suspicion.

From the impugned order, it appears that it has come in paragraph-22 of the case diary that owner of the Mobile phone from which the call has been made, is Sita Devi. From paragraph23 of the case diary, it appears that said Mobile of Sita Devi was lost. It is mentioned in paragraph-29 of the case diary that the aforesaid Mobile was used by this petitioner.

Patna High Court Cr.Misc. No.51263 of 2017 (2) dt.06-11-2017 2/2 Considering the facts and circumstances of the case, 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 Laheriyasarai P.S. Case No. 577 of 2015, 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 Additional Chief Judicial Magistrate-VIII, Darbhanga, 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 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) S.Ali/- U T