Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70005 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- MAHILA P.S. District- Sheohar ====================================================== Md. Saddam Son of Md. Maksood, Resident of Village- Kolso, P.S.- Tariyani, District- Sehohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 354, 354(B), 504/506 of the Indian Penal Code and Section 8 of the POCSO Act. The prosecution case, in brief, is that while the informant went to attend the call of nature near bamboo clamp, the petitioner caught hold of her and attempted to commit wrong with her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to previous enmity. Prior to institution of the present case, a case

Patna High Court Cr.Misc. No.70005 of 2018(3) dt.29-01-2019 2/2 was instituted by father of the petitioner vide Annexure-2 to the present application, in which, family members of the informant of present case, were made accused. The present case has been instituted for oblique reason.

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, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge, Sheohar in connection with Mahila P.S. Case No. 18 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T