Md. Nawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51375 of 2016 Arising Out of PS.Case No. -1 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Md. Nawaz, Son of Md. Munir, resident of village - Ratwara Chandan, P.S. Saraiya, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Rashid Alam For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Saraiya P.S. Case No. 01 of 2015 for the offences instituted under Sections 341, 323, 324, 379, 354, 504, 34 of the Indian Penal Code and 8/9 of POCSO Act.

The allegation against the petitioner is that he and accused Md. Ibran brought the daughter of the informant at the door and told that they will demolish her prestige in open place if the application filed by her is not withdrawn. Thereafter the accused persons looted away articles of worth Rs. 50,000/- and a mobile of worth Rs. 10,000/- and also broken the house hold articles of worth Rs. 20,000/-.

Patna High Court Cr.Misc. No.51375 of 2016 (2) dt.05-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Both the parties are agnates. Due to family dispute, this case has been instituted. The police has found the case false for the offence instituted under Section 379 of the Indian Penal Code. The charge sheet is Annexure-4 to the present application. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Saraiya P.S. Case No. 01 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act, Muzaffarpur subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T