Md. Jabbar @ Sk. Jabbar @ Jabbar Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52626 of 2018 Arising Out of PS.Case No. -2499 Year- 2016 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Jabbar @ Sk. Jabbar @ Jabbar Ali S/o Md. Ibrahim R/o Sharifganj, P.S.- Muffasil, Katihar, Distt. Katihar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sajjo Khatoon D/o Md. Alam, W/o Md. Aftab R/o Jafarganj, P.S. Muffasil Katihar, Distt. Katihar.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 376 of the Indian Penal Code.

The allegation against the petitioner is that on the point of knife, he forcibly assaulted the informant sexually. 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 been falsely implicated in this case. Prior to institution of the present case, a number of litigations are pending between the parties. After investigation, the I.O. has sumitted final

Patna High Court Cr.Misc. No.52626 of 2018 (2) dt.11-09-2018 form against the petitioner. The present prosecution is on the basis of protest-cum-complaint. Admitted the I.O. in course of investigation, has found the case to be false. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Dharmendra Singh, learned Judicial Magistrate-Ist Class, Katihar in connection with Complaint Case No. 2499 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T