Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27886 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -MAHILA P.S District- SUPAUL ====================================================== Md. Imtiyaz, Son of Md. Babar Imam, resident of Village- Sohata, Police Station- Chhatapur, District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Supaul Mahila (Supaul) P.S. Case No. 40 of 2016, registered under Sections 341, 376, 511, 323 and 504 of the Indian Penal Code and Section 8 of the POCSO Act.

The accusation is that daughter of the informant had gone to cut grass beside her house. In that course, this petitioner tried to commit rape upon her. When nephew of the informant rushed to save then petitioner assaulted him by means of Kachiya, but with the help of the villagers daughter of informant was saved and petitioner was caught hold and handed over to Police.

Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.27886 of 2016 (2) dt.14-07-2016 2/2 fact, the daughter of the informant was cutting crop in the filed of the petitioner and when petitioner made protest and hot talk were exchanged between petitioner and daughter of the informant and petitioner was caught hold thereby her family members. The petitioner having no criminal antecedent is in custody since 13.05.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-I, Supaul in connection with POCSO Case No. 17 of 2016 arising out of Supaul Mahila P.S. Case No. 40 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J.) manish/- U T