Saheb Miyan v. The State Of Bihar

Patna High Court Cr.Misc. No.27980 of 2016 (2) dt.15-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27980 of 2016 Arising Out of PS.Case No. -309 Year- 2014 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Saheb Miyan, son of Abdul Rahman, resident of village - Chainpur Bungra, P.S. - Maniyari, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Maniyari P.S. Case No. 309 of 2014 registered under Sections 448, 341, 342, 376/511 and 384 of the Indian Penal Code and Section 5 of the POCSO Act.

The accusation is that petitioner entered in the house of victim/informant, minor daughter of Mohammad Islam, and tried to commit rape. On raising alarm, when mother and father of the informant came and tried to caught hold then petitioner succeeded to flee away.

Learned counsel for the petitioner submits that petitioner had gone to his Sasural and he has falsely been

Patna High Court Cr.Misc. No.27980 of 2016 (2) dt.15-07-2016 implicated in this case due to land dispute in between his father-inlaw and the father of victim/informant. It is further submitted that petitioner has no criminal antecedent and is in custody since 16.05.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-Ist, Muzaffarpur-cum- Special Judge, POCSO Act, Muzaffarpur, in connection with Maniyari P.S. Case no. 309 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T