Patna High CourtCR. MISC./73159/2019bail granted

Md. Kayum @ Md. Kaiyum v. The State Of Bihar

2019-11-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73159 of 2019 Arising Out of PS. Case No.-217 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== MD. KAYUM @ MD. KAIYUM Son of Late Md. Guljar Resident of Village - Rajpur, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanpur P.S. Case no. 217 of 2018, registered under Sections 354B, 504 and 506 of the Indian Penal Code. The accusation is that the petitioner used to tease the informant seeing her alone in the shop, but she did not make any complain to anyone. In the night of 24.08.2018, when she was sleeping along with children in room then all of sudden, petitioner entered in the room and tried to commit rape, when informant made alarm then he moved from there giving threatening for dire consequence.

Learned counsel for the petitioner submits that while occurrence is said to be committed on 24.08.2018, but

Patna High Court CR. MISC. No.73159 of 2019(2) dt.21-11-2019 2/2 the present case has been lodged on 01.09.2018, after seven days of the occurrence, but no explanation has been given. Further submission is that, in fact, due to grudge and enmity the informant lodged the present case against the petitioner only to give undue pressure.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Sri Kapileshwar Singh Deo, Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 217 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T