Mohammad Shams Tabrej @ Shans Tabrej @ Samas Tabrej @ Samas Tarej v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28373 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- VALMIKINAGAR District- West Champaran ====================================================== MOHAMMAD SHAMS TABREJ @ SHANS TABREJ @ SAMAS TABREJ @ SAMAS TAREJ Son of Md. Kalam Resident of Village - Pipara Kutti, P.S.- Valmiki nagar, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Valmikinagar P.S. Case N0. 09 of 2019, disclosing offences under Section 366A of the Indian Penal Code.
Referring to the First Information Report, learned counsel for the petitioner has submitted that no case under Section 366A of the Indian Penal Code can be said to be made out. It has been asserted in the application that the petitioner and the wife of the informant had lived together for sometime and she has now returned back and living with the informant.
Considering the nature of accusation, this application is allowed.
Let the petitioner above named in the event of his
Patna High Court CR. MISC. No.28373 of 2019(2) dt.30-04-2019 2/2 arrest/surrender within six weeks from today in the Court below, 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 the learned Judicial Magistrate First Class, Bagaha, West Champaran in Valmikinagar P.S. Case No. 09 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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) arun/- U