Samirul Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5434 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -SURSAND District- SITAMARHI ====================================================== Samirul Nadaf S/o Late Ali Mohammad Nadaf resident of village - Kumha, P.S. Sursand District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 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 Sursand P.S. Case No. 104/2015, disclosing offences under sections 341, 323, 379, 354, 504, 506 and 34 of the Indian penal Code and 3/4 of Dine Act.

There are 14 persons named in the First Information Report including the ladies. The accused persons including the present petitioner belong to the same family. Learned counsel, appearing on behalf of the petitioner, submits that the families of the petitioner and the informant are neighbours. In such circumstance, he submits that the allegation that the petitioner sat on the chest of the informant and tried to

Patna High Court Cr.Misc. No.5434 of 2016 (2) dt.09-03-2016 press her neck and misbehaved with her is improbable. In any event, he submits that the petitioner has no criminal antecedent and there is no chance that the petitioner shall flee from the course of justice.

Considering the facts and circumstances, 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 the S.D.J.M., Pupari at Sitamarhi in Sursand P.S.Case No. 104/2015, 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) Surendra/- U