Md. Rajjak @ Dokwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36664 of 2020 Arising Out of PS. Case No.-483 Year-2019 Thana- KORHA District- Katihar ====================================================== Md. Rajjak @ Dokwa Son Of Md. Latif Resident of Mohallah - Rampara, P.S. - Katihar (Town), District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 03.01.2020 in connection with Korha P.S. Case No. 483 of 2019 for the alleged offences under Sections 384, 386/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Md. Nehal @ Nehal Khan, who was apprehended by the police. It is submitted that except suspicion there is no objective material to connect the petitioner with the alleged occurrence. The petitioner is not named in the FIR nor has been put under test identification parade for his identification, nor any incriminating articles have been recovered from his possession. The said co-accused Md. Nehal @ Nehal Khan has been granted bail by this Court in Cr. Misc. No. 16551 of 2020. The petitioner

Patna High Court CR. MISC. No.36664 of 2020(3) dt.22-02-2021 2/2 has already suffered more than one year in custody since 03.01.2020.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 03.01.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 483 of 2019, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T