Md. Jafar Imam @ Jafar Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19122 of 2019 Arising Out of PS. Case No.-627 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md. Jafar Imam @ Jafar Imam S/o Late Abdul Hafiz, Resident of MohallaMatru Miyaji Lane, Nathnagar, Police Station- Nathnagar, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 354(B) of the Indian Penal Code and Section 8/10 POCSO Act.

The prosecution case in brief is that on the pretext of nutrition and education, the petitioner brought the informant to his house and thrice attempted to commit rape upon her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-10-2018. Charge sheet has already been submitted. The petitioner has been falsely

Patna High Court CR. MISC. No.19122 of 2019(3) dt.03-05-2019 2/2 implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has remained in custody for more than six months.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 Additional District & Sessions Judge-Ist-cum-Special Judge, POCSO, Bhagalpur, in connection with Nathnagar P.S. Case No. 627 of 2018.

(Sudhir Singh, J) A.K.V.//- U T