Patna High CourtCR. MISC./12178/2016bail granted

Md. Saddam @ Nasim Mian v. The State Of Bihar

2016-03-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12178 of 2016 Arising Out of PS.Case No. -383 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Saddam @ Nasim Mian Son of Md. Jamal resident of village - Malhipur, Birpur tola P.S. Barauni, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 21.10.2015 in a case registered for the offences punishable under Sections 452, 354B, 506 of the Indian Penal Code and Section 8 of POCSO Act on the accusation that he tried to outrage the modesty of informant's minor daughter while she was sleeping on her bed. Contention on behalf of the petitioner is that petitioner and informant are next door neighbours and as a matter of fact, there was some dispute between them and the informant with an intent to take avenge lodged this false case against the petitioner. It is further contended that moreover, the investigation of this case has already been completed and further detention of

Patna High Court Cr.Misc. No.12178 of 2016 (2) dt.29-03-2016 2/2 the petitioner in jail custody is not warranted. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Begusarai (POCSO) in connection with POCSO Case No. 58 of 2015 arising out of Barauni (Chakia) P.S. Case No. 383 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T