Shani Kuraishi @ Sani Kuraishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16628 of 2017 Arising Out of PS. Case No. -540 Year- 2016 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Shani Kuraishi @ Sani Kuraishi, son of Md. Ayub Kuraishi, Resident of Mohalla Chikpatti Baluwa Ward No. 27, P.S. Nagar Motihari, District East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar No.III, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 15.11.2016 in connection with Turkaulia P.S. Case No. 540 of 2016 for the alleged offences under Section 387 of the Indian Penal Code
3. It is submitted that the petitioner has been falsely implicated on suspicion merely because he happens to be the owner of SIM No. 8083950815 from which 'rangdari' call was made. It is submitted that during the course of investigation, the statement of co-accused Suresh Sah has been recorded in which he has stated that the said SIM has been collected from the petitioner which, however, got lost about a fortnight earlier. The said coaccused Suresh Sah has been granted bail by this Court in Cr. Misc. No. 6320 of 2017. The petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in
Patna High Court Cr.Misc. No.16628 of 2017 (2) dt.04-04-2017 2/2 connection with Turkauliya P.S. Case No. 540 of 2016 on the following conditions: - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Chandran U T