Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34651 of 2014 Arising Out of PS.Case No. -148 Year- 2013 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Saddam Hussain, S/o Khalillullah , Resident of village - Chanpatiya , Bhola Tola , P.S. - Chanpatiya , District - West Champaran , .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2015 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 539 of 2013, arising out of Chanpatia P.S. Case No. 148 of 2013, registered for the offences punishable under Sections 376, 511 and other Sections of the Indian Penal Code.

The informant made allegation that both the petitioners put her on the ground and made attempt to commit rape with her. She was dragged on the ground.

Learned counsel for the petitioner submits that the petitioner is in jail since 20.05.2013.

It appears from perusal of para-38 of the case diary that the informant got as many as five injuries all over her body

Patna High Court Cr.Misc. No.34651 of 2014 (3) dt.16-01-2015 and this fact supports that she fought with the petitioner from being outraged.

Considering the facts aforesaid and the fact that the petitioner has already remained in jail for more than 1 year and 7 months, he is 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 Ad hoc Additional Sessions Judge, 4th Bettiah, West Champaran in connection with Sessions Trial No. 539 of 2013, arising out of Chanpatia P.S. Case No. 148 of 2013.

(Prabhat Kumar Jha, J.) KKSINHA/- U T