Md. Jamaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12877 of 2019 Arising Out of PS. Case No.-85 Year-2016 Thana- MAHILA P.S. District- Saharsa ====================================================== Md. Jamaluddin Son of- Md. Abdul Gafoor Resident of village-Gemroho, P.S.-Mahishi, Dist.-Saharsa Pin-852216 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Abdus Shakoor For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341m 323m 376m 504m 506/34 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is that the accused persons committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. The victim has been examined under Section 164 of Cr.P.C. She has denied the allegations made in the F.I.R.

Patna High Court CR. MISC. No.12877 of 2019(3) dt.18-04-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Mahila P.S. case No.85 of 2016.

(Sudhir Singh, J) Narendra/- U T