Patna High CourtCR. MISC./31139/2015bail granted

Jamshed Alam v. The State Of Bihar

2015-08-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31139 of 2015 Arising Out of PS.Case No. -235 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Jamshed Alam S/o Naimul Haque Resident of village - Dhoom Nagar, P.S. Hussain Ganj, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bajarangi Lal For the Opposite Party/s : Mr. Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 498-A, 376 and other allied sections of the Indian Penal Code.

The informant stated before the police that she was married to Asghar Ali on 16.02.2010 but after three months of her marriage, her husband went to the gulf country to earn his livelihood. The petitioner is the younger brother of her husband who used to torture her and wanted to establish sexual relationship with her. She further alleged that on 01.08.2014 the petitioner entered into her room and made effective attempt to outrage her modesty.

It is submitted that the last occurrence took place

Patna High Court Cr.Misc. No.31139 of 2015 (2) dt.17-08-2015 on 02.08.2014 but the informant filed the present case on 14.08.2014, that too in the district of Gopalganj, whereas the entire incident took place within the jurisdiction of Siwan district. The informant prior to lodging this case filed complaint case No. 2181 of 2014 on 05.08.2014 before the learned Chief Judicial Magistrate, Gopalganj but she did not state anywhere in the F.I.R. of the present case that she had already filed a complaint case. The petitioner is in jail since 25.05.2015.

Considering the facts aforesaid, let the petitioner above named be directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Meerganj P.S. Case no. 235 of 2014.

(Prabhat Kumar Jha, J) Amin/- U