Md. Shadab @ Kale @ Saddam @ Md.Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77521 of 2019 Arising Out of PS. Case No.-416 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. SHADAB @ KALE @ SADDAM @ MD.SADDAM Son of Md. Saem R/o village- Mahsaul Goat, Ward No. 10, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 342 and 376(D)/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and his name has been surfaced in this case merely on the basis of confession of the co-accused, Gulam Rasaul. As a matter of fact, the prosecution version of the F.I.R. is totally contradictory to the statement of the victim recorded under Section 164

Patna High Court CR. MISC. No.77521 of 2019(2) dt.28-11-2019 2/2 Cr.P.C. Moreover, no sign of rape has been found which is evident from the medical report. The petitioner is rotting in judicial custody since 28.08.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Sitamarhi P.S. Case No. 416 of 2019.

(Arvind Srivastava, J) brajesh/- U T