Sadre Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.34583 of 2017 (2) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34583 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sadre Alam S/o Akalu Gaddi, R/o Village- Thathwan, P.S.- Shikarpur, District- West Chaparan Bettiah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anjum Akhter For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-07-2017 The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 40 of 2017, registered for offences punishable under Section 376(G) of the Indian Penal Code. Allegation as per F.I.R that the informant was married with a person and she was not happy as she was being tortured and she fled away with the petitioner and one other person, who committed rape on her.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and the statement of girl itself, shows that she is major and has gone with the petitioner out of her sweet will and petitioner and the girl was caught by the police while they were moving at the platform and, thereafter, the petitioner was made accused in this case. Further petitioner has been in custody for last six months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.34583 of 2017 (2) dt.28-07-2017 Having heard both sides, in view of the facts as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 40 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T