Md. Imtiyaz Alam @ Pappu @ Md. Imtiyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39846 of 2014 Arising Out of complaint Case No. -872 Year- 2013 Thana -PURNIA COMPLAINT CASE District- PURNIA ======================================================

1. Md. Imtiyaz Alam @ Pappu @ Md. Imtiyaj Son of Md. Yakub Resident of Village - Kamalpur (Khogota), P.S.- Dagarua, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-05-2015 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and Mr. Tapeshwar Sharma, APP for the State. The petitioner faces accusations arising out of a Complaint Case under Sections 452, 376/511of the Indian Penal Code. The allegation is that the victim, while sleeping alone in the house, the petitioner tiptoed into the house and tried to commit rape on her.

Counsel for the petitioner has stated that few months prior thereto, the petitioner had lodged a case against the uncle of the complainant under Section 376. The Court in course of examination on solemn affirmation of the victim put questions in answer whereof the complainant stated that she got married her daughter 20 years ago. The complainant's son had gone into the field of the accused and was assaulted. The complainant was also assaulted by the petitioner owing to that, the present case has been

Patna High Court Cr.Misc. No.39846 of 2014 (3) dt.18-05-2015 2/2 lodged.

Taking into account the statement of victim on solemn affirmation, I am persuaded to privilege the petitioner the anticipatory bail.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in Complaint Case No. 872 of 2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T