IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1197 of 2008
MD. AKBAR @ MANTU @ MANTU MIAN @ ASGAR
SON OF ASHRAF ALI, RESIDENT OF MOHALLA- KHAN MIRJA,
P.S. SULTANGANJ, DISTRICT - PATNA...APPELLANT
Versus
STATE OF BIHAR........................................RESPONDENT
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5 7-2-2011 Heard learned counsel for the appellant and learned
counsel for the State in respect of I.A. No. 183 of 2011
through which the appellant has renewed his prayer for bail.
Learned Senior Counsel submitted that the
marriage of niece of the appellant is scheduled to take place
on 25th February, 2011 and her father is not keeping good
health and hence the appellant deserves to be released on bail
on that ground also.
Learned counsel for the State submitted that the
prayer of the appellant for bail has been rejected twice and
the last rejection was recently on 2-8-2010 after noticing the
fact that appellant is the assailant of the deceased.
Considering all the facts and circumstances the
prayer of the appellant for bail is again rejected for the
present on merits.
However, considering the prayer for provisional
bail on the ground of marriage and on the ground that girl’s
2
father is not keeping well and is not in a position to arrange
marriage, let appellant Md. Akbar @ Mantu @ Mantu Miyan
@ Asgar be enlarged on bail for a period of two weeks from
the date of his release on furnishing bail bond of Rs.25,000/-
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge, Fast Track Court
No.1, Patna in connection with Sessions Trial No. 638 of
2007/116 of 2007. One of the bailors must be a government
servant or a public servant and the other should be a close
family relation. An affidavit showing surrender of the
appellant after expiry of the bail period should be filed in this
Court and the case should be listed under the heading to be
mentioned on filing of such affidavit or after six weeks
( Shiva Kirti Singh, J.)
( Gopal Prasad, J)
Naresh