Azim v. The State Of Bihar

Patna High Court Cr.Misc. No.36658 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36658 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Azim, Son of Md. Mozibur Rahman, resident of Village- Chain Mangura, P.S.- Dighalbank, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 24 of 2016 registered under Sections 354(B), 341, 323, 504 and 506/34 of the Indian Penal Code. The accusation is of carrying the victim forcibly by the petitioner from the field adjacent to her house and tried to commit rape on her.

Learned counsel for the petitioner submits that, in fact, occurrence took place due to grazing of cattle of informant in the field of petitioner, regarding which, father of the petitioner has lodged Deghalbank P.S. Case No. 48 of 2016 on 15.06.2016 due to that reason informant has lodged the present case on the next

Patna High Court Cr.Misc. No.36658 of 2016 (2) dt.17-09-2016 day in Mahila Police Station. It is further submitted that petitioner and the informant are next door neighbours and petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Kishanganj, in connection with Mahila P.S. Case No. 24 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T