Patna High CourtCR. MISC./23330/2016bail granted

Kutub Ali v. The State Of Bihar

2016-07-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23330 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Kutub Ali son of Taiyab Ali, resident of village- Sishagachi, P.S.- Powakhali in the district of Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 328, 379, 411 of the Indian Penal Code.

In course of trial, the informant was examined as prosecution witness no. 1 but in her statement she halfheartedly supported the prosecution story and stated that her ornaments were not recovered in her presence.

Submission on behalf of the petitioner is that the informant has claimed in her statement that nothing had been provided to her by the petitioner. It is further submitted that petitioner is in jail custody for near about one year.

Patna High Court Cr.Misc. No.23330 of 2016 (4) dt.22-07-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Kishanganj in connection with Sessions Trial No. 346 of 2015 arising out of Bahadurganj P.S. Case No. 133 of 2015, subject to condition that he shall attend the trial court on each and every date in person for the period of six months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T