Md. Zakir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18664 of 2018 Arising Out of PS.Case No. -698 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Md. Zakir, S/o Md. Anu, Resident of Mohalla- Data Kambal Shah Mazar, Near Muslim Club, P.S.- Town, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Khusboo Pravin, D/o Md. Sharfuddin @ Dabbu, Resident of MohallaData Kambal Shah Mazar, Near Muslim Club, P.S.- Town, DistrictMuzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends his arrest in Muzaffarpur Town P.S. Case No. 698 of 2016 instituted for the offence under Sections 147, 148, 307, 323, 326, 328, 354, 354(B), 379, 506, 509/34 of the Indian Penal Code, Sections 3, 4, 6, 8, 10 and 11 of POCSO Act.

In the instant case there is allegation that this petitioner and other accused persons assaulted the informant and forcibly poured poisonous thing in her mouth due to which she started vomiting.

Patna High Court Cr.Misc. No.18664 of 2018 (3) dt.10-05-2018 2/3 Learned counsel for the petitioner has submitted that the alleged occurrence is said to have taken place on 12.08.2016 and complaint which has been sent to Police Station under Section 156(3) Cr. P.C., has been filed on 23.09.2016 i.e. after lapse of more than one month. It has further been submitted that prior to the instant case, sister of the petitioner has filed Town P.S. Case No. 546 of 2016 against the prosecution side. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Muzaffarpur Town P.S. Case No. 698 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Spl. Judge, POCSO Act, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.18664 of 2018 (3) dt.10-05-2018 3/3 petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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