Patna High CourtCR. MISC./20503/2017allowed

Hairat v. The State Of Bihar

2017-06-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20503 of 2017 Arising Out of PS.Case No. -434 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Hairat, Son of Furkan, Resident of Village- Laxmanpur, Purandaha, Police Station- Simraha (Forbesganj), District- Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anamul Haque, Advocate For the Opposite Party : Mr. Madhura Nand Jha (APP-102) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 12.01.2017 passed in Cri. Misc. No. 55727 of 2016, on the ground that the petitioner is suffering in custody since 05.10.2016. The victim/informant has already been examined vide P.W.1 in Sessions Trial No. 59 of 2017 and she has not supported the prosecution version, she has also stated that she was married with the petitioner, before lodging of the case and out of wedlock there is a daughter of six months and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. after going through the statement of P.W. 1 fairly submits that now she has given another version.

Patna High Court Cr.Misc. No.20503 of 2017 (2) dt.21-06-2017 2/2 In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-IIIrd, Araria, in connection with Araria (R.S.) P.S. Case No. 434 of 2015 (S.Tr. No. 59 of 2017), subject to the conditions that one of the bailors must be a 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.) Rajiv/- U T