Sk. Gayas Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48917 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sk. Gayas Mohammad Son of Late Mohammad, @ Late Mahmood Resident of Village: Jumai Tola, Police Station: Ramgarhwa, District : East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 For the informant : Mr. Amresh Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 26.06.2016 in connection with Ramgarhwa P.S. Case No. 49 of 2016, registered for offences punishable under Sections 341, 342, 323, 354(A), 376/511, 504 and 506 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though in the F.I.R, there is allegation against the son of petitioner that he tried to commit rape on the informant but she cut the pennies of the son of the petitioner by a blade. Further allegation is that against the said act the petitioner along with some other persons went to the house of informant to protest against the said act of the informant and forcibly removed her clothes. It has

Patna High Court Cr.Misc. No.48917 of 2016 (3) dt.19-01-2017 2/3 further been submitted that the petitioner being an old person aged abut 80 years, cannot be involved in the said act as alleged. In support of his contention learned counsel for the petitioner, filed a copy of the voter I.D of the petitioner, which is annexure -6 to the writ petition. So far the petitioner is concerned, there is no specific allegation against him for outraging the modesty of the informant and the petitioner has been languishing in judicial custody since 26.06.2016 Heard learned counsel for the State and learned counsel appearing on behalf of the informant. Learned counsel for the informant submitted that there is specific allegation against this petitioner and he does not deserves to be enlarged on bail.

Having heard both sides, considering the facts and circumstances of the case, the period of detention and also that the petitioner is an old person aged about 80 years, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 20,000 (Rs. Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul at Motihari (East Champaran) in connection with Ramgarhwa P.S. Case No. 49of 2016.

This is subject to the condition that the petitioner shall cooperate in the Trial and make himself before the police/Court, as

Patna High Court Cr.Misc. No.48917 of 2016 (3) dt.19-01-2017 3/3 the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Vinod Kumar Sinha, J) sunil/- U