Jafruddin Ansari @ Md. Jafruddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30251 of 2018 Arising Out of PS.Case No. -87 Year- 2017 Thana -IMAMGANJ District- GAYA ====================================================== Jafruddin Ansari @ Md. Jafruddin Ansari, Son of Muslim Miyan, Resident of Village- Bichkila, Police Station- Pratppur, District- Chatra. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gouranga Chatterjee For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Imamganj P.S. Case No.87 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per F.I.R., some unknown committed murder of the son of informant who was sleeping on the roof of his cousin Islam Miyan. This petitioner had given threat to the informant to commit murder as the informant and his family members were not interested in performing marriage of his niece with this petitioner. The informant has further alleged that this petitioner was seen fleeing away along with others.
It has been submitted that except suspicion there is
Patna High Court Cr.Misc. No.30251 of 2018 (3) dt.03-07-2018 nothing in the case-diary to show the complicity of the petitioner in committing murder of the deceased. The informant has stated that some villagers had seen this petitioner fleeing away from the place of occurrence but in the case-diary not a single witness has supported the version of informant that the petitioner was seen fleeing away from the place of occurrence. The petitioner is in custody since 31.05.2017 having clean antecedent. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to 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 the learned S.D.J.M., Sherghati, Gaya in connection with Imamganj P.S. Case No.87 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of
Patna High Court Cr.Misc. No.30251 of 2018 (3) dt.03-07-2018 failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U