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Patna High CourtCR. MISC./49181/2015bail granted

Sartaj Ansari v. The State Of Bihar

2016-01-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49181 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Sartaj Ansari Son of Salim Ansari residence of village - Kochash, P.S. Kochash, in the district of Rohtas, Sasaram .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Adv. For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Kochas P.S. Case No. 90/2015 registered for the offences punishable under Sections 354(B), 384, 386, 504 and 506 of the Indian Penal Code.

Allegedly, the petitioner after releasing from jail started torturing the informant and demanded Rs. 4 lacs or to compromise the case otherwise he will kill her and further caused threats to send her photo to her in-laws house to ruin her family life. Submission is of false implication and that the informant has lodged this case only with a view to keep the petitioner behind bar, the petitioner has not demanded anything nor he caused threats to the informant and he is suffering in

Patna High Court Cr.Misc. No.49181 of 2015 (3) dt.30-01-2016 2/2 custody since 22.07.2015, during investigation the prosecution version has not found true as some of the independent witnesses have not supported the prosecution version vide para 19, 20 and 21 of the case-diary.

Learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that if the petitioner will be released then again he will cause hindrance in smooth trial of the case.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sasaram, Rohtas in connection with Kochas P.S. Case No. 90/2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rakhi U T