Patna High CourtCR. MISC./319/2017bail granted

Md. Zamir Ansari @ Jamir Ansari @ Jamil v. The State Of Bihar

2017-01-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.319 of 2017 Arising Out of PS.Case No. -144 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Zamir Ansari @ Jamir Ansari @ Jamil son of Azimullah Miya alias Azimullah aliad Bikau, resident of Village- Kuawan, Police StationChakia, District- East Champaran (Motihari). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366/34 of the Indian Penal Code. It is submitted that the petitioner is not named in the first information report. The name of this petitioner, for the first time, has been disclosed in the statement of the victim under Section 164 Cr.P.C. recorded after one year of the occurrence. Learned APP opposed the prayer for bail of the petitioner.

The petitioner is not named in the first information report. The statement of the victim under Section 164 Cr.P.C. (Annexure-2) was recorded wherein she has stated that she has

Patna High Court Cr.Misc. No.319 of 2017 (2) dt.28-01-2017 2/2 performed Nikah with Imran and is living with him. She has named this petitioner in her statement, but there is no specific allegation against him. Moreover, the aforesaid statement was recorded after one year of the occurrence. The petitioner is said to be in custody since 17.10.2016.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIII, East Champaran, Motihari in connection with Chakia P.S.Case No. 144 of 2012, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) Tahir/- U T