Md. Kalam @ Abdul Kalam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23874 of 2015 Arising Out of PS.Case No. -2921 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Md. Kalam @ Abdul Kalam s/o Mohammad Moulvi resident of village Baijnath Baisi, P.S. - Aurai, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neelam Devi w/o Sonfi Baitha resident of village - Harpur Baisi, P.S. - Aurai, District - Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 Heard learned counsels for the petitioner, complainant and the State.

The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections354,323 and 504 of the Indian Penal Code and sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that on 25.10.2013 at 6 P.M. while the complainant was coming home the petitioner and three others surrounded her, abused by calling the caste name,

Patna High Court Cr.Misc. No.23874 of 2015 (2) dt.26-06-2015 2/3 poured liquor on her body, outraged the modesty and snatched her money.

It is submitted by learned counsel for the petitioner that co accused Shatrugha Rai lodged Complaint Case No. 166 of 2013 in the Vigilance Court against one Surendra Pd. Choudhary, a PDS dealer in which other accused of the present case were witnesses as a result the accused of the said complaint case set up the complainant (lady) to lodge the present case. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that for the occurrence of 26.10.2013 the complaint was filed on 28.10.2013.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Complaint Case No. 2921 of 2013 subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.23874 of 2015 (2) dt.26-06-2015 3/3 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T