Saddam Sain @ Md Saddam Sain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57978 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. SADDAM SAIN @ MD SADDAM SAIN son of Biku Sain resident of Village- Bahorma, P.S. Neemchak Bathani, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin,Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Neemchak Bahtani P.S.Case No. 25 of 2018, registered for offences punishable under Sections 376 of the Indian Penal Code. Allegation against the petitioner is of committing of rape upon the informant.

Submission of the learned counsel for the petitioner is that the case has been compromised and the victim has married with the petitioner and she had appeared before the Court of Additional Sessions Judge and the petitioner has no criminal antecedent but he is in custody since 03.07.2018. Heard learned A.P.P also.

Patna High Court Cr.Misc. No.57978 of 2018 (2) dt.28-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- X, Gaya in connection with Neemchank Bathani P.S.Case No. 25 of 2018 (G.R. Case No. 1379 of 2018), subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T