Md. Jabed Alam @ Md. Javed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18998 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Md. Jabed Alam @ Md. Javed Alam S/o Ashimuddin @ Alimuddin resident of Village- Kamalpur, P.S.- Bangaon, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate With Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sadanand Paswan(APP) For Opp-Party : Mr. Indu Shekhar Dwivedi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State as well as learned counsel appearing on behalf of Opposite party No.2.

This application for anticipatory bail arises out of Saharsa (Mahila) P.S. case No. 77 of 2015, disclosing offences under Sections 376,341,323,504,506/34 of the Indian Penal Code and section 3(i) (x) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Before filing of the First Information Report, the informant had filed complaint case No. 3869 of 2015 in the Court of Chief Judicial Magistrate, Saharsa asserting that she is the wife

of the petitioner. In the complaint case she alleged that the complainant has been tortured by the family members of the petitioner and the petitioner himself. Thereafter the present First Information Report has been filed on 04.12.2015 alleging against the petitioner that he induced the informant for agreeing to establish physical relationship and thereafter teased her. It is alleged that out of the said relationship, the informant gave birth to a girl child. In the First Information Report it has not been mentioned that the informant had got married with the petitioner. Learned Senior Counsel appearing on behalf of the petitioner has submitted that prosecution case as narrated in the First Information Report is ex-facie absurd and highly improbable. Learned counsel for the informant, on the other hand, submitted that in view of Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, this application should not be maintained. I do not find any force in such submission.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, 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, Saharsa in Saharsa ( Mahila) P. S. Case No. 77/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U