Md. Zunail Alam @ Md. Zuned Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27586 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -PALASI District- ARRARIA ====================================================== Md. Zunail Alam @ Md. Zuned Alam S/o Md. Miyazul @ Niyazul resident of Village Dahgama P.S. Sikty, District Araria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 366, 376, 511, 34 of the Indian Penal Code.

Petitioner is in jail custody since 20.03.2016 on the accusation that he and three other F.I.R. named accused forcibly took the victim in a field where they made attempt to commit rape on her but the cry of the victim attracted the villagers who came there and caught the petitioner whereas his companions managed to escape from there.

Submission on behalf of the petitioner is that the informant had gone to attend a programme but on the point of

Patna High Court Cr.Misc. No.27586 of 2016 (3) dt.17-09-2016 2/2 payment, some dispute arose and after that informant lodged this case with exaggerated story. It is further submitted that the informant has disclosed in the written report that the petitioner and his associates only made abortive attempt to remove her clothes. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R. Narayan, A.C.J.M. III, Araria in connection with Palasi P.S. Case No. 44 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T