Md. Arshad Alam @ Asad v. The State Of Bihar

Patna High Court Cr.Misc. No.52688 of 2015 (3) dt.02-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52688 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -BARSOI District- KATIHAR ====================================================== Md. Arshad Alam @ Asad son of Manoon resident of village Leharkota, Police Station Barsoi (Sudhani O.P.), Distt. Katihar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Md. Qumrul Hoda, Advocate For the Opposite Party : Mr. Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Barsoi (Sudhani) P.S. Case No. 131 of 2015 for the offences instituted under Section 376/34 of the Indian Penal Code. As per prosecution case, it is a case of rape upon the informant by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. The main allegation is against Md. Athar alias Athar Alam and Md. Abu Talib @ Md. Talib. The said accused persons have been granted anticipatory bail by this Court vide Cr.Misc.No.44809 of 2015 and 49140 of 2015 vide

Patna High Court Cr.Misc. No.52688 of 2015 (3) dt.02-03-2016 order dated 22.02.2016.

On behalf of 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 in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Barsoi (Sudhani) P.S. Case No. 131 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T