Md. Azim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30832 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Md. Azim son of Md. Koko, Resident of village- Naya Tola, P.S- Puraini, Dist- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Madhepura Mahila P.S. Case No. 58 of 2015 for the offences instituted under Sections 376/ 511, 504 and 34 of the Indian Penal Code.

The allegation against the petitioner is of attempting to commit rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The F.I.R. has been

Patna High Court Cr.Misc. No.30832 of 2016 (3) dt.15-09-2016 2/2 instituted after four days of the occurrence. The delay has not been explained by the prosecution. There is admitted land dispute between the parties.

On behalf of the state it has been 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura, in connection with Madhepura Mahila P.S. Case No. 58 of 2015. (Sudhir Singh, J.) Amit/- U T