Zeya Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10954 of 2018 ====================================================== Zeya Alam S/o Md. Razi Ahmad, R/o Takiyapar, New Mirdah Toli, Nawada, P.S.- Bundelkhand, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar Singh For the Opposite Party : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2018 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Nawada Mahila P.S. Case No. 34 of 2017 for the offences punishable under sections 354B, 504, 323 and 506/34 of the I.P.C.

Allegedly, the petitioner slapped twice to the informant and tried to outrage her modesty after pulling her scarf and again the petitioner pulled her scarf and other co-accused started laughing and further the petitioner tried to dash her by motorcycle and the petitioner and others instigated to take poison

Patna High Court Cr.Misc. No.10954 of 2018 (2) dt.08-03-2018 2/3 and then the informant ate poison.

Submission is of false implication and that earlier the informant has lodged Mahila P.S. Case No. 57 of 2016 against the petitioner and others and the police after due investigation found the petitioner innocent and he has not been charge sheeted and only Md. Rounak has been charge sheeted, on 02.04.2017 the petitioner was not present in India as he left for Doha Qatar on 6th of March, 2017 from Mumbai Airport and came back on 17th of May, 2017 to India, on 24.04.2017 also the petitioner was not present in India, vide Annexure-2 to the supplementary affidavit, and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances stated above, considering that earlier also the petitioner was implicated in Mahila P.S. Case No. 57 of 2016 wherein he has not been charge sheeted and the petitioner is taking the plea of alibi and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 S.D.J.M, Nawada in connection with the

Patna High Court Cr.Misc. No.10954 of 2018 (2) dt.08-03-2018 3/3 aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T