Reyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25121 of 2017 Arising Out of PS.Case No. -457 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Reyaz Ansari, son of Safaidin Ansari, resident of village-Meghwal Mathia, P.S.- Ram Nagar, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Adv. For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2017 Heard learned counsel for the parties.

In this case, the petitioner is seeking regular bail in connection with S.G.R. No.09 of 2016/CIS No.16 of 2017, arising out of Shikarpur P.S. Case No. 457 of 2015, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and later on, Section 376 of the Indian Penal Code and Section 4 of the POCSO Act were also added. Earlier the petitioner has moved before this Court in Criminal Miscellaneous No.21164 of 2016 and this Court vide order dated 19.05.2016 rejected the bail of the petitioner with a liberty to renew his prayer for bail after completing one year's judicial custody.

Learned counsel for the petitioner has drawn the attention of this Court to the statement made by the victim before

Patna High Court Cr.Misc. No.25121 of 2017 (3) dt.05-07-2017 2/2 the Trial Court, where she has not made any allegation of sexual assault on her. He further submits that the petitioner is in jail since 05.11.2015.

Looking to the period of custody and the facts and circumstances of the case, let the petitioner-Reyaz Ansari, be released on bail on furnishing bail bonds of Rs.10, 000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with S.G.R. No.09 of 2016/ CIS No.16 of 2017, arising out of Shikarpur P.S. Case No. 457 of 2015 subject to the conditions that the petitioner would participate in the Court proceeding and remain present on every date fixed by the Trial Court, in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U T