Md. Sakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75248 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- MAHILA P.S. District- Vaishali ====================================================== Md. Sakil, son of Jumrati Miyan, Resident of Village- Majrohi Raghunandan, P.S. Desri, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Vaishali Mahila P.S. Case No. 04 of 2018, instituted for the offence under Section(s) 67(A) of I.T. Act.

Counsel for the petitioner submits that mere suspicion has been raised against the petitioner. The informant is not eye witness to the occurrence.

The informant has given statement under Section 164 Cr. P.C. which is available in paragraph-55 of the case diary wherein he has stated that he learnt from Sanjit Kumar that his daughter has been raped by petitioner and other accused persons. Her obscene photograph has also been snapped. The informant went to the place of occurrence and

Patna High Court Cr.Misc. No.75248 of 2018(4) dt.25-02-2019 2/2 found Guddu Kumar present there. The informant found the photograph of his daughter in the Mobile phone of Guddu Kumar.

In this manner, there is no allegation of any specific overt act against the petitioner.

Petitioner is in custody since 27.4.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali Mahila P.S. Case No. 04 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T