Sajaad Mian @ Md. Sajjad Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.19059 of 2017 (5) dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19059 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sajaad Mian @ Md. Sajjad Mian, Son of Md. Alam, Resident of MohallaAmir Khan Tola, P.S.-Sugauli, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 66 of 2016, registered under Sections 448, 341, 323, 354B, 504 and 506/34 of the Indian Penal Code. The accusation is that, on 06.03.2016, in the night, informant was sleeping with her children as her husband was out side from the house for his livelihood. At that time, petitioner knocked the door of the informant then informant refused to open the door but petitioner entered in the room by breaking the door and tried to outrage her modesty, on which, informant anyhow managed to escape and raised alarm. On raising alarm, several

Patna High Court Cr.Misc. No.19059 of 2017 (5) dt.25-07-2017 persons came there and caught hold the petitioner but Md. Alam, father of the petitioner, came there and got managed to escape the petitioner. On next day, Panchayati was arranged but the petitioner refused to come in the Panchayati.

Learned counsel for the petitioner submits that petitioner is the agnate of the informant and due to land dispute the present case has been lodged with false allegation. Moreover, while the occurrence is said to be taken on 06.03.2016 but the F.I.R. is lodged on 11.03.2016. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sugauli P.S. Case No. 66 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T