Md. Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31874 of 2015 Arising Out of PS.Case No. -106 Year- 2015 Thana -JAKKANPUR District- PATNA ====================================================== Md.Anwar Son of Md. Akmal Khan, resident of Mohalla Bari Dargah, Tola- Police Station Biharsharif, District- Nalanda at present Hartali More, New Punaichak Boring Canal Road, P.S. S.K. Puri, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under sections 376/ 511 of the I.P.C Allegedly, the petitioner entered into the house of the informant and forcibly tried his best to commit rape with the informant and in that process he made her necked and also assaulted her but due to alarm being raised the nearby person assembled and the petitioner was caught and was handed over at police station.

Submission is of false implication and that admittedly the petitioner and husband of the informant are working as electrical contractor and due to some dispute he has been

Patna High Court Cr.Misc. No.31874 of 2015 (3) dt.05-11-2015 2/2 implicated in this case resulting he is suffering in custody since 01.04.2015.

The learned A.P.P. submits that now the petitioner by remaining in custody has been sufficiently penalized. In the facts and circumstances as stated above, the petitioner is directed to 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 Smt. Sangita Rani, J.M. 1st Class, Patna in Jakkanpur P.S. Case No. 106 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T