Patna High CourtCR. MISC./28331/2017bail granted

Md. Mazlum v. The State Of Bihar

2017-07-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28331 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -BARARI District- KATIHAR ======================================================

1. Md. Mazlum, S/ Gyan Bhant, R/o Jagdishpur, P.S.- Barari, Distt- Katihar. .... .... Petitioner

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Barari P.S. Case No. 104 of 2017 for the offences instituted under Sections 354(B), 323 and 504/34 of the Indian Penal Code. The allegation against the petitioner is of attempting to commit rape upon the informant while she had gone to graze her got.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to village politics. Not a single witness of the place of occurrence has been examined in course of investigation to verify the

Patna High Court Cr.Misc. No.28331 of 2017 (2) dt.06-07-2017 2/2 allegations made in the F.I.R. Proposal for the marriage with the daughter of the informant was refused by the father of the petitioner, which led to the institution of the present case. 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 anticipatory 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 Barari P.S. Case No. 104 of 2017 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.Vth, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T