Patna High CourtCR. MISC./36799/2018bail granted

Abdul Tawab And ANR v. State Of Bihar And ANR

2018-07-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36799 of 2018 Arising Out of PS.Case No. -137 Year- 1996 Thana -RANIGANJ District- ARRARIA ======================================================

1. Abdul Tawab,

2. Ataur Rahman, Both sons of Jamidir, Residents of Village- Ekra, P.S.- Baunsi Basaiti, District- Araria, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Safra Khatoon, Daughter of Mansur Alam, Resident of VillageEkra, P.S.- Baunsi Basaiti, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with Raniganj (Bousi) P.S. Case No.137 of 1996, a case under Section 376 of the Indian Penal Code.

This is a case of misuse of privilege of bail. The impugned order would reveal that on 18.01.2018 the petitioners and other accused persons were declared absconder in the case. Thereafter, they are in custody since 02.02.2018. Prayer has been refused mainly for the reason that the trial did not progress due to long absence of the accused.

Considering the entire facts especially the period

Patna High Court Cr.Misc. No.36799 of 2018 (3) dt.10-07-2018 P2/ already undergone, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Raniganj (Bousi) Police Station Case No. 137 of 1996, with condition that both the bailors shall be the residents of territorial jurisdiction of the Courts below and the petitioners shall not absent themselves in a manner to disturb the progress of the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T