Kamrul Hoda Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.51354 of 2014 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51354 of 2014 Arising Out of PS.Case No. -63 Year- 2013 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== KAMRUL HODA KHAN, S/O HABIBULA KHAN, RESIDENT OF VILLAGE -AHRAR PIPRA, POLICE STATION -GAUNAHA, DISTRICT -WEST CHAMPARAN.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Lalan Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Gaunaha P.S. Case No. 63 of 2013 registered under Sections 341 and 323 of the Indian Penal Code and Section 8 of the Protection of Child from Sexual Offences Act.

The accusation is that in course of cutting grass by the Nazrin Khatoon, daughter of informant, Md. Bajir Miyan, petitioner made attempt to carry her forcibly in the sugarcane field on the point of small gun but on raising voice the persons, who were cutting the grass in the filed, came there then petitioner fled away.

Patna High Court Cr.Misc. No.51354 of 2014 (2) dt.30-04-2015 Learned counsel for the petitioner submits that coaccused, Samshul Khan, brother of the petitioner, filed an application before the learned Sub-Divisional Magistate, Narkatiyaganj, West Champaran, under Section 107 of the Cr.P.C. against the informant and others on 23.10.2013 due to that reason the informant has lodged this false case implicating the petitioner and his brother, which would appear from Annexure 2 to the application.

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 four 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 learned Ist Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 63 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T