Md. Sartaz @ Sartaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83241 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== MD. SARTAZ @ SARTAZ ALAM SON OF MOHAMMAD HAMIDUL R/O VILLAGE- BAIKA, P.S.- SAKATPUR, DIST.- DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Smiti Bharti For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 376 of the Indian Penal Code.
3. As per FIR, it is a case of commission of rape to the informant by the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has lost his mother, sister and niece on 08.10.2023. He further submitted that from the perusal of the trial Court report dated 24.06.2023, in respect of the progress of the trial, it appears that the trial is likely to be concluded within three months but there is no
Patna High Court CR. MISC. No.83241 of 2023(2) dt.05-01-2024 2/2 progress in the trial till now and five months have been elapsed from the order of this Court. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.04.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Session Judge, Darbhanga in connection with Sakatpur P.S. Case No. 22 of 2022 with a condition:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Kumar Panwar, J) Arish/- U T