Shahnawaz Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83985 of 2024 Arising Out of PS. Case No.-602 Year-2024 Thana- BARH District- Patna ====================================================== Shahnawaz Ansari S/O Md. Shakil Alam Ansari @ Shakil Ansari R/O Village- Jalwa Toli, Mogalpura, Patna City, P.S- Khajekala, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahtab Alam, Advocate For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Barh P.S. Case No. 602 of 2024 for the offences punishable under Sections 137, 96 & 3(5) of the Bharatiya Nyaya Sanhita, lodged on 19.08.2024 by the informant, Ehteshamul Haq.
3. As per the prosecution story, the informant alleged that victim girl went out but failed to return as she used to talk to one Md. Naushad and Shahil used to facilitate in the said talk. They may have persons behind the disappearance, this led to the F.I.R. Subsequenlty, the victim girl would recovered and she made statement that the due to regular quarrel in the family, she left the place on her own.
4. Learned counsel for the petitioner submits that despite the said statement final form submitted against others,
Patna High Court CR. MISC. No.83985 of 2024(2) dt.10-12-2024 2/3 he has been charge sheeted, he has absolutely no criminal antecedent and if granted relief shall be diligently appearing in trial.
5. Learned APP for the State opposes the prayer submitting that charge sheet has been submitted against him.
6. Taking into account the aforesaid submissions as also the statement of the victim girl which has been incorporated in the charge sheet, he is in custody since 04.09.2024 having no criminal antecedent, is only 21 years of age, has undertaken to diligently appear in trial, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna in connection with Barh P.S. Case No. 602 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond
Patna High Court CR. MISC. No.83985 of 2024(2) dt.10-12-2024 3/3 by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T