Rajabul @ Md. Rajabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60519 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -RAUTA District- PURNIA ======================================================

1. Rajabul @ Md. Rajabul, S/o Late Samiruddin, R/o Pandarpur, P.S.- Rauta, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rauta P.S. Case No.75 of 2017 registered for the offences punishable under Sections 341, 323, 325, 504, 448 and 302/34 of the Indian Penal Code.

It has been submitted that altogether 4-5 F.I.R. named accused came to the house of informant and started abusing and assaulted the informant and caused injury on her finger. The learned counsel for the petitioner submits that the petitioner is neither named in the F.I.R. nor his name has been disclosed by the informant, who died after ten days of the alleged occurrence. The F.I.R. itself was lodged after a delay of four days. The petitioner is

Patna High Court Cr.Misc. No.60519 of 2017 (2) dt.19-12-2017 in custody since 28.07.2017 having clean antecedent. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M.-II, Purnea in connection with Rauta P.S. Case No.75 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U