Md. Ansar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19017 of 2018 Arising Out of PS. Case No.-101 Year-2015 Thana- DHAMDAHA District- Purnia ====================================================== Md. Ansar, S/o Md. Tahir, R/o Village- Maheshpur, P.S.- Falka, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Dhamdaha P.S. Case No. 101 of 2015 instituted for the offence under Sections 302,201/34 of the IPC.

Learned counsel for the petitioner submits that petitioner is not named among five persons whose name is mentioned in the FIR, who were alleged to assault the daughter of the informant. The daughter of the informant has given statement under Section 164 Cr.P.C., wherein, also she has not taken the name of this petitioner.

Learned APP after perusing the statement of the victim girl recorded under Section 164 Cr.P.C., submits that the victim has not taken the name of this petitioner. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.19017 of 2018(3) dt.15-05-2018 2/2 allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhamdaha P.S. Case No. 101 of 2015 to the satisfaction of the learned Chief Judicial Magistrate, Purnia, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (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.

(Sanjay Priya, J) khushbu/- U T