Md. Jahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36889 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -MAHILA P.S. District- MADHUBANI ======================================================
1. Md. Jahid Son of Md. Zafir resident of Muraith, P.S.- Arer, DistrictMadhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Madhubani Mahila Police Station Case No. 55 of 2016, disclosing offences under Section 376 of the Indian Penal Code.
Learned Counsel for the petitioner has submitted that the informant is in habit of lodging false criminal cases and prior to lodging of the present case, on the basis of a complaint petition filed by her, Areraj Police Station Case No. 95 of 2012 was registered, containing allegations constituting offence under Section 376 of the Indian Penal Code. He has submitted that the medical report does not support the allegation made in the First
Patna High Court Cr.Misc. No.36889 of 2016 (2) dt.14-09-2016 2/2 Information Report.
Considering the above submission, this application is allowed.
Let the petitioner, Md. Jahid, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Sub Divisional Judicial Magistrate, Madhubani, in connection with Madhubani Mahila Police Station Case No. 55 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √