Md. Zahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11560 of 2015 Arising Out of PS.Case No. -405 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ====================================================== Md. Zahid, Son of Md. Firoz, resident of village- Kurhani, P.S.- Kurhani, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-08-2015 The learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail petition.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 376/511 of the Indian Penal Code.

It is submitted that the petitioner is the grandson of Masum Raja whose house is in front of the house of the prosecutrix, who was widow and later on, she has married with her father-in-law and she is a lady of bad character. There is land dispute between both the parties. The petitioner is in custody since 15.11.2014 having no criminal antecedent. However, after

Patna High Court Cr.Misc. No.11560 of 2015 (4) dt.03-08-2015 2/2 investigation, the charge-sheet has already been submitted and there is no chance of tampering with the witnesses. The learned counsel for the State submits that some witnesses have supported the prosecution case and later on, independent witnesses have not supported the prosecution case. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IV, Samastipur in Sessions Trial No.184/2015 arising out of Tajpur (Waini) P.S. Case No.405/2014with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T