Md. Jamil @ Jamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50856 of 2014 Arising Out of PS.Case No. -75 Year- 2014 Thana -KADWA District- KATIHAR ====================================================== Md. Jamil @ Jamil Akhtar son of Md. Samrul, Resident of villageUttarpar, Pachhim Tola, Sabbalpur, P.S. Balia Belon, District Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kishore Singh For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 75 of 2014 for the offences punishable under Sections 458/376 of the Indian Penal Code. The learned counsel for the petitioner has submitted that the alleged occurrence has taken place on 05.02.2014 but the complaint has been lodged after a long delay on 12.03.2014. It has been argued that there is no cogent explanation for the delay and this creates suspicion on the allegation made in the First Information Report. It has also been submitted by the learned counsel that no medical test has been done even when the allegation was of rape. The learned counsel

Patna High Court Cr.Misc. No.50856 of 2014 (4) dt.03-03-2015 has further submitted that the petitioner has no criminal antecedent.

Considering the aforesaid facts and submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kadwa P.S. Case No. 75 of 2014, subject to the following conditions:- (a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court:

(b) The petitioner shall be will represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds:

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the

Patna High Court Cr.Misc. No.50856 of 2014 (4) dt.03-03-2015 prosecution would be at liberty to move the Court for cancellation of bail.

(V. Nath, J) Devendra/- U T