Md. Arshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30544 of 2014 Arising out of Complaint.Case No. -955-C Year- 2012 Thana -MUNGER COMPLAINT CASE District- MUNGER ====================================================== Md. Arshad, son of Md. Moin, resident of Village- Muskipur, P.S.- Tarapur, District - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abdul Manan Khan For the Opposite Party/s : Mr. Uday Chandra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-01-2015 Heard the parties.

The petitioner apprehends his arrest in connection with Complaint Case No.955-C of 2012 registered for the offences punishable under section 376 of the Indian Penal Code. Mr. Abdul Manan Khan, learned counsel appearing on behalf of the petitioner submits that although the nature of allegation is serious but for an occurrence which took place on 8.9.2012 the complaint was instituted after an unexplained delay on 21.9.2012 and initially the complaint case was dismissed vide order passed on 28.2.2013 under section 203 of the Code of Criminal Procedure only to be restored in the revision preferred by the complainant.

Having heard learned counsel for the parties and taking note of the circumstances aforementioned, let the

Patna High Court Cr.Misc. No.30544 of 2014 (2) dt.14-01-2015 petitioner, namely, Md. Arshad in the event of his arrest or surrender within four weeks from today be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.R. Santosh Kumar, Judicial Magistrate 1st Class, Munger and/or the court concerned in connection with Complaint Case No.955-C of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure as also subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed and his failure to ensure his representation on two consecutive dates without reasonable explanation to the court concerned would entitle the court concerned to cancel his bail bonds and to take him into custody.

(Jyoti Saran, J) SKPathak/- U T