Md. Raju @ Md. Israr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3397 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================
1. Md. Raju @ Md. Israr Son of Md. Islam, Resident of VillageAbabakarpur, P.S. Goraul (Kathra O.P.) District-Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-02-2018 Heard the counsel for the petitioner and counsel for the State.
Petitioner seeks anticipatory bail in Goraul. P.S. Case No.273 of 2017 instituted for the offence under Sections 379, 376/511 of the I.P.C.
Informant is the mother of the victim Anguri Khatoon who has stated in her written complaint that on 30.10.2017 she left her dumb daughter in her house alone had gone to earn wages and at about 2 P.M. while she was returning to her house petitioner was coming out side of her house and when she asked him his purpose of coming to her house then subsequently her daughter also came out weeping and disclosed her mother in indication that the petitioner put her down on the floor and
Patna High Court Cr.Misc. No.3397 of 2018 (3) dt.22-02-2018 2/2 attempted to commit rape on her and thereafter he fled away after snatching gold chain of the victim.
It has been submitted by the counsel for the petitioner that he is innocent and has been falsely implicated in this case. Both are next door neighbour and the informant had lent Rs.5000/- from the father of the petitioner and when the petitioner went to the informant and asked her to return his money, an altercation took place. It has been submitted that during investigation police found the case to be false. He has no criminal antecedent. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M.-1, Hajipur in Goraul P.S.Case No.273 of 2017 subject to the condition as laid down under Section 438(2) of Cr.P.C.
(S. Kumar, J) AnilKrSinha/- U