Barkat Ali @ Barktulah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16500 of 2016 Arising Out of PS.Case No. -62 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ======================================================
1. Barkat Ali @ Barktulah S/O- Kalu Ansari Resident of Village- Dohmani, P.S.- Bahadurganj, District-Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2016 Heard both sides.
The petitioner apprehends his arrest in a case under Section 363, 366A, 376, 372 and 379 of the Indian Penal Code. The informant alleged that the petitioner along with Md. Allauddin, Md. Ansar Alam @ Ansar and Munna committed rape with her.
It is submitted that Md. Allauddin was put on trial vide Sessions Trial No. 1054 of 2014 and he was acquitted. Thereafter, Md. Ansar Alam @ Ansar moved for anticipatory bail and a coordinate bench of this court vide order dated 02.05.2016 passed in Cr. Misc. No. 13554 of 2016 allowed anticipatory bail to Md. Ansar Alam on the ground that co-accused, Md. Allauddin has been acquitted.
Patna High Court Cr.Misc. No.16500 of 2016 (2) dt.16-05-2016 2/2 Considering the fact that similarly situated accused Md. Ansar Alam @ Ansar has been granted anticipatory bail vide order passed in Cr. Misc. No. 13554 of 2016 and the case of petitioner stands on the same footing, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 learned Chief Judicial Magistrate, Kishanganj in Bahadurganj P.S. Case No. 62 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T