Patna High CourtCR. MISC./11934/2017bail granted

Md. Muntasir @ Mutsir @ Moharam v. The State Of Bihar

2017-05-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11934 of 2017 Arising Out of PS.Case No. -189 Year- 2015 Thana -KASBA District- PURNIA ======================================================

1. Md. Muntasir @ Mutsir @ Moharam, son of Md. Nayeem, resident of Mohalla- Ram Nagar Police Station- Amour, District- Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. M. Rab, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner wants to renew his prayer of bail which was earlier rejected vide Criminal Misc. No. 55419 of 2015 by order dated 09.02.2016 by this Court on the ground that the petitioner is suffering in custody since 08.09.2015 and the victim has been examined as PW-9 during trial vide S.T. No. 151 of 2016 and she has not identified the petitioner, present in the Court, vide annexure-3 and, as such, now the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that the victim due to the reason best known to her is not supporting the prosecution case during trial.

Patna High Court Cr.Misc. No.11934 of 2017 (5) dt.10-05-2017 2/2 In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Purnea in connection with S.T. No. 151/16 arising out of Kasba P.S. Case No. 189 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T