Md. Juber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 28778 of 2017 Arising Out of PS.Case No. -99 Year- 2015 Thana -JADIA District- SUPAUL ====================================================== Md Juber Son of Md Jakir @ Jakir Miya, Resident of Village- Phulkaha, Police Station- Jadia, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Arun, Advocate For the S t a t e : Mr Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 366A/34 of Indian Penal Code.

Submission on behalf of the petitioner is that his case is identical with that of Md Tabrez. The same is evident from perusal of the first information report as well as the statement of the alleged victim recorded under Section 164 of Criminal Procedure Code. He also submits that there is contradiction in the statement made under Section 164 of Cr P C and the allegations made in the FIR. From the statement made under Section 164 of Cr P C, he submits that neither any motive is obvious nor any overt act is alleged against the petitioner. The other co-accused

Patna High Court Cr.Misc. No.28778 of 2017 (2) dt.01-07-2017 2/2 Md Tabrez has already been granted anticipatory bail vide order dated 03.08.2016 passed in Cr Misc No 21028 of 2016. Considering the aforesaid submission, the petitioner is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in Jadia Police Station Case No 99 of 2015. (Madhuresh Prasad, J) M.E.H./- U T