Md. Nasim @ Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32222 of 2019 Arising Out of PS. Case No.-14 Year-2017 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Nasim @ Nasim Son of Moharram Resident of Village- Barhari, P.S.- Sadar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 376 and 34 of the Indian Penal Code. Prosecution case in brief is that the informant was taken away by three persons and thereafter, those three persons established physical relationship with the victim. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-10-2018. Charge sheet has already been submitted. From perusal of Annexure-3 to this petition, it appears that the petitioner has been made accused in this case due to mistake of fact. To this effect, an affidavit has

Patna High Court CR. MISC. No.32222 of 2019(2) dt.16-05-2019 2/2 been filed by the victim in the court below.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 14 of 2017.

(Sudhir Singh, J) A.K.V.//- U T