Md. Suhail @ Sohail Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22029 of 2018 Arising Out of PS.Case No. -203 Year- 2017 Thana -KONCH District- GAYA ====================================================== Md. Suhail @ Sohail Mian .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Konch P. S. Case No. 203 of 2017, registered for offences punishable under Sections 342, 323, 376, 504, 506 and 511/34 of the Indian Penal Code.

The allegation against the petitioner is that he entered into the house of the informant and tried to commit rape to the daughter of the informant.

Submission of the learned counsel for the petitioner is that the most surprising fact is that in this case, the victim girl has not been examined and there is noting incriminating against the petitioner to prove the offence of rape. It is also submitted that the F.I.R. had been filed after delay of eleven days of the date of

Patna High Court Cr.Misc. No.22029 of 2018 (4) dt.20-06-2018 2/2 occurrence and there is property dispute between the parties. Learned A.P.P. and learned counsel for the informant oppose the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Konch P.S.Case No. 203 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate- III, Gaya, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

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