Chhotu Miyan @ Mumtaz @ Md. Chhotu Miyan v. The State Of Bihar

Patna High Court Cr.Misc. No.24188 of 2016 (4) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24188 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -SARAN GRP CASE District- SARAN ====================================================== Chhotu Miyan @ Mumtaz @ Md. Chhotu Miyan son of Md. Mofiz @ Mufid Miyan @ Shaukat resident of Village- Mohiuddin Nagar Bazar, P.S.- Mohiuddin Nagar, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bela Singh, Advocate For the Opposite Party : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Sonepur (Hajipur) Rail P.S.Case No.40 of 2015 registered for an offence under Sections 341, 323, 307 and 379 of the IPC. The prosecution case, in short, is that on 23.07.2015 the informant left her matrimonial house due to some dispute with her husband and proceeded towards her Maike at Hajpur by train and further alleged that while she was travelling in train, there is only one man in the whole boggy who came near her and proposed to marry with him but she refused and protest, so being annoyed by it, he pushed her from train keeping her bag with him and after getting her conscious, she found herself in a emergency ward of

Patna High Court Cr.Misc. No.24188 of 2016 (4) dt.08-08-2016 Sadar Hospital.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.08.2015. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the case. Petitioner is not named in the FIR. The informant in her re-statement has not named the petitioner. The nature of injury is said to be simple.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Sonepur, Saran in connection with Sonepur (Hajipur) Rail P.S.Case No.40 of 2015.

(Sudhir Singh, J) B.Kr./- U T