Md. Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52050 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Md. Jasim Son of Md. Salam Resident of Zafarganj, P.S.- Muffasil, District Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of anticipatory bail for offences punishable under Sections 147, 148, 149, 149, 323, 457, 380, 376 and 511 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is vague and general allegation has been levelled against the petitioner. However, it is alleged in the First Information Report that petitioner tried to commit rape on the informant, but on an enquiry by the Superintendent of Police and S.D.P.O, the said allegation of the informant was found to be untrue. The petitioner and the informant are Gotiyas and due to existing land dispute, the petitioner has been implicated in the present case.

Patna High Court Cr.Misc. No.52050 of 2016 (2) dt.20-12-2016 2/2 Heard learned A.P.P. also.

Having heard both sides and considering the submission of the petitioner that offence under Section 376 and 511 has not been found to be true on an enquiry by the Superintendent of Police and S.D.P.O., Katihar, let petitioner surrenders before the Court below within a period of four weeks from today and if he does so, the learned Court below will examine the correctness of the submission with regard to supervision made by the S.P. and S.D.P.O, Katihar and dispose of the application of the petitioner on the very same day, without being prejudiced by the order of this Court.

With the observation as above, this application is, accordingly, disposed of.

(Vinod Kumar Sinha, J) sunil/- U T