Md. Afsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32509 of 2015 Arising Out of PS.Case No. -313 Year- 2013 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Afsar Son of Late Md. Akhtar resident of village - Pokhra Ldgah Station- Sadar Muffasil, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323,366A, 376 and 504/34 of the Indian Penal Code. It is submitted that petitioner is innocent and has committed no offence. He has been implicated in this case. The complaint case has been filed after delay. The complainant-informant has filed a petition in the court below in which she has mentioned that she has compromised the case and she is not willing to proceed with the case. The informant has married Md. Rizwan son of Md. Suleman, on 7.10.2014. From perusal of the matrimonial deed also, it appears that informant is a major girl of 19 years. As such, no offence is made out against the petitioner. However, after investigation chargesheet has already been submitted. The petitioner has no criminal antecedent.

Considering the facts and circumstances of

Patna High Court Cr.Misc. No.32509 of 2015 (2) dt.20-08-2015 2 / 2 this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia/court concerned in Sadar P.S. Case No. 313 of 2013 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence on two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T