Sekh Zaheed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18120 of 2016 Arising Out of PS.Case No. -263 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ====================================================== Sekh Zaheed, son of Sekh Heera, resident of Village Baira, P.S. Jainagar, District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Ataur Rahman(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Jainagar P.S. Case No. 263/15 for offences alleged under Sections 452, 380, 341, 323, 354, 354-B, 427, 506/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that in the night of 06.10.2015 when informant, his wife and mother was at his house petitioner along with another entered into the house by breaking the door and assaulted them and caught the hand of his wife and tried to take her out but on alarm people assembled and they fled away taking golden Hanumani from the neck of the informant and a silver Hansuli from the neck of his wife.

Patna High Court Cr.Misc. No.18120 of 2016 (2) dt.10-05-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal antecedent and the present case is an afterthought of earlier case filed by the niece of co-accused Sk. Musan bearing C.R. Case No. 1429 of 2015. He further submits that the allegation of theft is a superaddition and no injury has been found either on the informant or his wife or mother. It has further been submitted that the case has now been compromised between the petitioner side and the informant side as they are neighbours.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 S.D.J.M., Madhubani, in connection with Jainagar P.S. Case No. 263/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T