Samshad Alam @ Md. Shamshad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77937 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== Samshad Alam @ Md. Shamshad Alam, Son of Md. Yusuf, Resident of Village - Siktihar, P.S.- Bahadurganj, Distt - Kishanganj. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 308, 504, 506/34 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012. The prosecution case, as per the written report of Arsadi Begum submitted to the Station House Officer of Bahadurganj Police Station, is to the effect that on 09.06.2019 at 6.00 A.M., the daughter of the informant, Khusnasi Begum, aged about 15 years, went to handpump to bring water, in the meantime, Samshad Alam, the petitioner came there and tried to outrage the modesty of the daughter of the informant. Thereafter, the petitioner tore the clothes of the daughter of the
Patna High Court CR. MISC. No.77937 of 2019(4) dt.13-02-2020 2/3 informant and made assault to her. On alarm being raised by the daughter of the informant, the family members of the informant and they caught hold of Samshad Alam and made assault to the petitioner. Thereafter, the family members of the petitioner came to the house of the informant and made assault. It is submitted by learned counsel for the petitioner tht for the occurrence of 09.06.2019, the FIR was lodged on 02.07.2019 and there is no medical report of the victim. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary submits that, in fact, the victim was not medically examined but the witnesses have supported the prosecution case.
Considering the delaying lodging of the case, accusation being not corroborated by any medical opinion and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.77937 of 2019(4) dt.13-02-2020 3/3 -cum- Special Judge, Kishanganj in connection with Bahadurganj P.S. Case No. 194 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T