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Patna High CourtCR. MISC./23064/2017bail granted

Md. Naeem v. The State Of Bihar

2017-05-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23064 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -MANSAHI District- KATIHAR ====================================================== Md. Naeem, Son of Sk. Salim, Resident of Village- Basantpur (Kajra), Police Station- Mansahi, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mansahi P.S. Case No. 21 of 2017 instituted for the offence under Sections 147, 341, 323, 354(B) and 504 of the Indian Penal Code. It has been submitted that informant is own sister-inlaw of the petitioner. There is land dispute between the parties. As per allegation, petitioner gave pressure to the informant to withdraw the case bearing Katihar (Town) P.S. Case No. 129 of 2016 and Mansahi P.S. Case No. 84 of 2016 and when the informant refused, petitioner assaulted her with rod on her buttock and also pulled her Saree to make her naked. The injury report has been enclosed wherein doctor has found no injury over the body of the informant.

Patna High Court Cr.Misc. No.23064 of 2017 (2) dt.24-05-2017 2/2 In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mansahi P.S. Case No. 21 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T