Patna High CourtCR. MISC./73751/2018bail granted

Tahir Mia v. The State Of Bihar

2019-04-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73751 of 2018 Arising Out of PS. Case No.-947 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Tahir Mia Son of Salemudin Mia Resident of Village- and P.S. Sandesh,Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Shiv Prasad Gupta, Advocate For the State :

Mr. Mustaque Alam, APP For the complainant :

Mr. Chandan Kr. Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner seeks bail in a case registered under Sections 323, 324, 377, 307, 120B/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner on the point of knife committed unnatural offence with the minor son of the complainant causing injury to him and they also assaulted him and with intention to kill him administered intoxicant and threw her son near the road. It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.6.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.73751 of 2018(8) dt.09-04-2019 2/2 petitioner. The date of occurrence is said to be 6.4.2017. In respect of the same, a complaint case was filed on 29.06.2017. Delay has not been explained by the prosecutin nor there is no medical report in support of the allegations made in the complaint case. Due to political reasons the present case has been instituted.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned 1st Additional Sessions Judge, Bhojpur at Ara in connection with Complaint case No.947C of 2017, Tr. No.2302 of 2017.

(Sudhir Singh, J) Narendra/- U T