Md. Washi Ahmad @ Washi Alam @ Baran Miyan @ Washi Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63588 of 2018 Arising Out of PS.Case No. -72 Year- 2018 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Md. Washi Ahmad @ Washi Alam @ Baran Miyan @ Washi Ansari S/o Lajamul Miyan@ Tejamul Ansari Resident of Village- Achhua, P.S. Dulhin Bazar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Prakash Srivastava For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Dulin Bazar P.S.Case no.72 of 2018 (Corresponding to G.R.Case No.998 of 2018) registered for offences punishable under Sections 341, 323, 324, 354, 376, 511/34 of the Indian Penal Code.

Allegation against the petitioner is of attempt to commit rape upon the informant.

Submission of the learned counsel for the petitioner is that the petitioner is a Tailor and due to the dispute with regard to payment, the present case has been lodged and even FIR does not show that there is any allegation of committing rape rather the case at best comes under the purview of Section 354 of the IPC.

Patna High Court Cr.Misc. No.63588 of 2018 (2) dt.25-10-2018 2/2 He is in custody for three months.

Heard learned A.P.P. also.

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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Danapur in connection with Dulin Bazar P.S.Case no.72 of 2018 (Corresponding to G.R.Case No.998 of 2018).

With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T