Md. Samid Alam @ Md. Samir Alam @ Samir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31753 of 2019 Arising Out of PS. Case No.-1427 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== MD. SAMID ALAM @ MD. SAMIR ALAM @ SAMIR ALAM Son of Abdul Mannan @ Md. Mannan Resident of Village - Nathnagar K.B. Lal Road, near the P.S., P.S.- Nathnagar, Distt - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Sarwari Khatoon D/o Md. Sidhit Resident of Village - Shabhanpur Post Katoriya, P.S.- Amarpur, Distt - Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.1427/2017, registered for offences punishable under Sections 323, 376, 511 and 34 of the Indian Penal Code.

Allegation as per the complaint petition is that one coaccused Mod. Sakir and the petitioner came to her house and Md. Sakir put some cloths in her mouth and committed rape upon her.

Submission of the learned counsel for the petitioner is that as a matter of fact Md. Sakir is the husband of the

Patna High Court CR. MISC. No.31753 of 2019(5) dt.13-08-2019 2/2 complainant and a divorce case is going on between the parties and due to that Md. Sakir and the petitioner, who is friend of Md. Sakir, has been made accused in this case to put pressure in the divorce case.

Heard learned A.P.P. and the learned counsel for the complainant.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Banka in connection with Complaint Case no.1427/2017 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T