Patna High CourtCR. MISC./4866/2016bail granted

Md. Tabrez @ Laddu @ Tabrej Alam v. The State Of Bihar

2016-03-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4866 of 2016 Arising Out of PS.Case No. -279 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Tabrez @ Laddu @ Tabrej Alam son of Md. Muslim, resident of Village- Naya Bazar, Kesariya, P.S.- Kesariya, Dist- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kesariya Police Station Case No. 279 of 2015, disclosing offences under Sections 376, 493 and 506/34 of the Indian Penal Code.

Learned Counsel for the petitioner submits that even if the contents of the First Information Report are taken to be true, no offence under Section 376 of the Indian Penal Code is made out inasmuch as the physical relationship alleged to have been established by the petitioner with the informant is consensual in nature. Considering the submission, as above, this application is allowed.

Patna High Court Cr.Misc. No.4866 of 2016 (3) dt.04-03-2016 2/2 Let the petitioner, Md. Tabrez @ Laddu @ Tabrej Alam, in the event of his arrest or surrender before the Court below within six weeks, 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 Sri S. L. Priyadarshi, Judicial Magistrate, Sadar at Motihari, East Champaran, in connection with Kesariya Police Station Case No. 279 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √