Mahboob Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.12757 of 2017 (2) dt.13-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12757 of 2017 Arising Out of PS.Case No. -574 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mahboob Ansari, son of Muslim Mian @ Muslim Ansari, resident of Village- Majhariya Khagni, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 574 of 2015 registered for the offence punishable under Section 366-A of the Indian Penal Code. Allegedly, the minor daughter of the informant was kidnapped by the petitioner and others either to sale her or to indulge her in illegal work.

Submission is of false implication and that the statement of the victim has been recorded under Section 164 Cr.P.C. wherein, allegation has been levelled against Nazre Alam and the petitioner. Petitioner has been implicated as he is the friend of Nazre Alam who has already been allowed bail by

Patna High Court Cr.Misc. No.12757 of 2017 (2) dt.13-04-2017 another co-ordinate Bench of this Court vide Criminal Miscellaneous No. 11666 of 2016 whereas, other co-accused has been allowed pre-arrest bail and, as such, the petitioner who is suffering in custody since 15.02.2017, deserves sympathetic consideration.

The learned A.P.P. fairly submits that Nazre Alam has already been allowed bail.

In the facts and circumstances stated above, the petitioner, above named, is also 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 CJM, West Champaran, Bettiah in connection with Bettiah Muffasil (Manualpur) P.S. Case No. 574 of 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) sushma/- U