Patna High CourtCR. MISC./49747/2015bail granted

Md. Mangan v. The State Of Bihar

2015-11-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49747 of 2015 Arising Out of PS.Case No. -141 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Mangan Son of Maniruddin Resident of Jangipur, P.S. - Azamnagar, District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 05-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Azamnagar P.S. Case No. 141 of 2015 registered for offences under Sections 448/376/511/354/353 of the Indian Penal Code. The petitioner is in custody since 17.07.2015. In this case, the complainant is a primary school teacher. Allegation has been made that the petitioner has tried to assault her sexually when she raised alarm, she could save herself. Defence has been taken by the petitioner that the petitioner has protested with respect to mid-day meal and on the account of which the petitioner has falsely been implicated. Looking into the nature of allegation and also the period of custody, let the petitioner, Md. Mangan, be released on bail on

Patna High Court Cr.Misc. No.49747 of 2015 (2) dt.05-11-2015 P2/2 his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Katihar in connection with Azamnagar P.S. Case No. 141/2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Saif/- U T