Md. Ibadat @ Badal @ Ibadat @ Badal v. The State Of Bihar

Patna High Court Cr.Misc. No.45961 of 2015 (2) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45961 of 2015 Arising Out of PS.Case No. -1 Year- 2014 Thana -NAUHATTA DistrictSAHARSA =====================================

1. Md. Ibadat @ Badal @ Ibadat @ Badal, son of Md. Idris, resident of village- Naulakha, P.S.- Nauhatta, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. S. Dayal (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2.

06-10-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Nauhatta P.S. Case No.01 of 2014 (Sessions Trial No.86 of 2014) disclosing offences under Sections 363, 366A and 506/34 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, states that the petitioner is in custody since 05.01.2014 and has relied upon the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, to contend that the victim has not made any allegation of assault even during the period when allegedly she was confined in a room by the

Patna High Court Cr.Misc. No.45961 of 2015 (2) dt.06-10-2015 petitioner. He further submits that property dispute between both the sides is an admitted fact and after the investigation, having already been completed and the chargesheet submitted by the police, there is no chance of the petitioner tampering with the evidence or fleeing from the course of justice.

In view of the submission, as above, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Saharsa, in connection with Sessions Trial No.86 of 2014, arising out of Nauhatta P.S. Case No. 01 of 2014.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T