Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52217 of 2019 Arising Out of PS. Case No.-199 Year-2019 Thana- KATIHAR District- Katihar ====================================================== MD. SALAM, age 32 years, Male, S/o- Md. Rajiuddin, R/o- Parteli, P.S.- Katihar (M), District- Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Kumar Singh, Advocate.

For the Opposite Party :

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 20.03.2019 in a case for the offence registered under Sections 365, 376 of the IPC and 4 of POCSO Act.

The prosecution story, in brief, is that on 15.03.2019 the wife of the informant had gone to the neighbour and his minor daughter was in the house. When she returned, found her daughter is not in the house who was searched but not found anywhere. During her search, two mobile numbers were found in the copy of her daughter then he suspected that his mobile holder has abducted his daughter for the purpose of marriage. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.52217 of 2019(2) dt.22-08-2019 2/2 Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The medical examination report does not show any positive sign of rape upon the victim.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.- 1st-cum-Special Judge, Katihar, in connection with Katihar Town P.S. Case No. 199 of 2019.

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