Md. Suleman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41802 of 2014 Arising Out of PS.Case No. -254 Year- 2013 Thana -AJAMNAGAR District- KATIHAR ====================================================== Md. Suleman S/o Md. Mohiuddin R/o Village Sahja, P.S. Pranpur, District Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 376, 420, 313 of the Indian Penal Code and the fact that the occurrence took place in August, 2010 and the F.I.R. was lodged after three years in the year 2013, this Court keeping in view that the petitioner has also got no criminal antecedent would direct for release of the petitioner, Md. Suleman, on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Azamnagar P.S.Case No. 254/2013, subject to the following conditions: (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will

Patna High Court Cr.Misc. No.41802 of 2014 (3) dt.21-01-2015 also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U