Md. Zamil @ Md. Zamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72864 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Zamil @ Md. Zamil Akhtar, Son of Md. Rahul, Resident of Village - Makhdumpur, Police Station- Katihar (Muffassil), District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Katihar Muffassil P.S. Case No. 90 of 2018, registered under Sections 363 and 366A/34 of the Indian Penal Code and Section 4 of the POCSO Act.

The accusation is of kidnapping of sister of the informant, Md. Ali Hasan, by Md. Sonu with the help of Md. Alam and Md. Zamil (petitioner).

Learned counsel for the petitioner submits that, in fact, due to love affairs of sister of the informant with Md. Sonu, sister of the informant left her parental house according to her own sweet will but petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.72864 of 2019(3) dt.05-03-2020 2/2 present case due to ulterior motive. Further submission is that on the pressure of family members of the informant, sister of the informant disclosed the name of Md. Alam, Md. Sonu and petitioner in the statement recorded under Section 164 Cr.P.C., in which, she also stated that Md. Sonu caught hold her with the help of Md. Alam boarding in the vehicle, in which, this petitioner was found sitting and Md. Sonu committed rape with her. It is further submitted that petitioner has no criminal antecedent and is in custody since 25.09.2019. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge-cum-Special Judge, Katihar, in connection with Katihar Muffassil P.S. Case No. 90 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

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