Hazrat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66659 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== HAZRAT ALI Son of Rahmat Ali @ Rahmat Ansari Resident of Village - Chauki Hasan, P.S.- G.B. Nagar (Tarwara), District - Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 366, 376, and 506 of the Indian Penal Code.

Informant in his written complaint has alleged that his sister Hiramati Devi aged 19 years on 07.07.2018 had gone outside to attend the call of nature in the meanwhile Hazrat Ali(petitioner) enticed her sister away for marriage. Victim in her statement has supported the allegations made in FIR. She stated that petitioner took her away to marry her but on her refusal he established physical relation with her, however, somehow she fled on 23.07.2018 and reached her house and her statement under Section 164 of the Cr.P.C was

Patna High Court CR. MISC. No.66659 of 2019(3) dt.29-11-2019 2/2 recorded on 24.07.2018. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and is in custody since 25.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with G.B. Nagar (Tarvara) P.S. Case No. 220 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U