Ful Mohammad @ Ful Mahmmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8839 of 2015 Arising Out of PS.Case No. -231 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ful Mohammad @ Ful Mahmmad S/o Hifazat Hussain, Resident of Village- Kapur Pakri, P.S.- chiraiya (Shikarganj) , District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 376 and 511 of the I.P.C Allegedly, the petitioner after entering into the house of the informant tried to commit rape upon her but in the meantime her children woke up who raised alarm then the petitioner fled away and his mobile and Gamacha also fell down. Submission is of false implication. The petitioner is suffering in custody since 27.10.2014 having no criminal antecedent. However, due to intervention of well wisher the case has been compromised and good sense has prevailed between the

Patna High Court Cr.Misc. No.8839 of 2015 (2) dt.10-04-2015 2/2 parties and as such now the petitioner deserves sympathetic consideration. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioner is directed to 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 Sri Uma Shankar, J.M. 1st Class, Sikrahna at Motihari in Chiraiya (Shikarganj) P.S. Case No. 231 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T