Md. Shahzad @ Shahzad Alam @ Md. Shahzad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49078 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== MD. SHAHZAD @ SHAHZAD ALAM @ MD. SHAHZAD ALAM, aged about 26 years, Male, Son of Md. Meraz, Resident of Village - Sonapur Chakarwar, P.S.- Bathnaha O.P. , Dist.- Araria ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhijeet Gautam, Adv.
For the Opposite Party :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Narpatganj (Bathnaha) P.S. Case No. 175 of 2019 (Special (POCSO) Case No. 15 of 2019) for the offences alleged under Sections 354B of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act, 2012.
The accusation is that daughter of the informant, Md. Tilmiz Hussain, aged about 15 years, was alone at the house. At that time petitioner entered into the house with intention to commit rape on the daughter of the informant, laid her on a cot and started pressing her neck. On raising alarm, the villagers reached there till that time the petitioner had torn clothes of his daughter. When the wife and the son of the informant told to lodge the case, Md. Shahzad (petitioner), Shahnaz, Md. Sharook, Sabiha Naz, Rani Naz and Hena Naz entered in the house of the informant and started to abuse them.
Patna High Court CR. MISC. No.49078 of 2019(2) dt.06-08-2019 2/2 The submission of the learned counsel for the petitioner is that father of the petitioner and the informant are relative and due to land dispute the present case has been lodged only to put pressure that the petitioner may not claim the property.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Narpatganj (Bathnaha) P.S. Case No. 175 of 2019 (Special (POCSO) Case No. 15 of 2019) shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I-cum-Special Judge, Araria, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T