Amzad Ali @ Amzad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15315 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Amzad Ali @ Amzad Hussain S/O Ali Mohammad @ Ali Ahamad Miyan R/O village- Bargachhiya, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ms. 'X', Daughter of Haidar Miyan Village- Ujranarayanpur PS- Uchkagaon Dist.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachina, Adv Mr. Natraj Verma, Adv For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 18-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Uchakagaon P.S. Case No. 271 of 2024 registered for the offences punishable u/s 127(2), 64, 115(2), 352 and 351(2) of the I.P.C.

3. As per the prosecution case, the petitioner is alleged to have outraged the modesty of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and there is a land dispute between the petitioner and Ugam Hussain where the informant used to work and at the instigation of Ugam Hussain the petitioner has falsely been implicated in this case. It is next

Patna High Court CR. MISC. No.15315 of 2025(3) dt.18-06-2025 2/3 submitted that even during the medical examination neither the sign of rape nor any injury was found on the body of the victim(informant) and the victim in her deposition as P.W.-2 in the trial of the case, has not supported the facts stated in the FIR and has been declared hostile. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 20.08.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the deposition of the victim(informant) and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Uchakagaon P.S. Case No. 271 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

Patna High Court CR. MISC. No.15315 of 2025(3) dt.18-06-2025 3/3 (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T