Sajid Khan @ Mona v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59115 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -MANIGACHI District- DARBHANGA ====================================================== Sajid Khan @ Mona, S/o Kale Khan, R/o Village- Paithan Kabai, P.S.- Manigachhi, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 12.08.2017 in connection with Manigachi P.S. Case No.167 of 2017 registered for the offence under Sections 354A, 376, 313 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and mischievous and has been brought up to put pressure on him to marry her. The informant is a major lady and has been used to frequent intercourse as has been found in the medical report. Furthermore, no sign of rape has been found on her person on medical examination.

Considering the entire facts and circumstances of the case and that the petitioner is not having any criminal

Patna High Court Cr.Misc. No.59115 of 2017 (2) dt.18-12-2017 2/2 antecedent, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Darbhanga, in connection with Manigachi P.S. Case No.167 of 2017, subject to the following conditions :

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T