Sabir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58637 of 2015 Arising Out of PS.Case No. -528 Year- 2015 Thana -BETTIAH TOWN District- WESTCHAMPARAN(BETTIAH) ===================================== Sabir Ali, Son of Md. Gaffar, Resident of Mohalla-Najani Chowk, P.S.-Bettiah Town, District-West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Iftekhar Mahmood (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bettiah Town P.S. Case No.528 of 2015, disclosing offences under Sections 385 and 387/34 of the Indian Penal Code.

From the First Information Report and the averments made in the present application, seeking anticipatory bail, it appears that several cases have been

Patna High Court Cr.Misc. No.58637 of 2015 (2) dt.01-02-2016 2/3 filed by the informant against the petitioner and his family members and vice-versa.

Learned counsel, appearing on behalf of the petitioner, submits that admittedly, for some reasons, they are on inimical terms. It transpires from the First Information Report that the petitioner has been implicated with an allegation that the informant received a call on his cellular phone and the caller identified himself to be Sabir Ali, the petitioner, who allegedly threatened the informant of dire consequences, if he did not withdraw the case lodged by him against his brother. While denying the allegation, as totally false, learned counsel, appearing on behalf of the petitioner, submits that petitioner will be cooperating with the police in course of investigation and present himself before the police, as and when required.

Considering the nature of the dispute between the parties and the accusation against the petitioner, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S.

Patna High Court Cr.Misc. No.58637 of 2015 (2) dt.01-02-2016 3/3 No.528 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T