Patna High CourtCR. MISC./51360/2016bail granted

Mujahid Khan @ Mojahid Khan v. The State Of Bihar

2016-12-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51360 of 2016 Arising Out of PS.Case No. -371 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mujahid Khan @ Mojahid Khan son of Shahid Khan, resident of village Kora Beldari, P.S. Bettiah Muffasil, District West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP: ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Supplementary affidavit has been filed on behalf of the petitioner. The same be kept on the record.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 376, 511, 448, 323, 504, 506 of the I.P.C. and Section 8 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is that he came into the room of the informant and tossed her down and tried to do wrong with her against her will but she anyhow managed to escape. It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.9.2016 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.51360 of 2016 (3) dt.23-12-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. The allegations made by the victim in her statement under Section 164 Cr.P.C. are denied by the petitioner.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 learned 1st Additional Sessions Judge, West Champaran, Bettiah in connection with Bettiah Muffasil P.S. case No.371 of 2016. (Sudhir Singh, J) Narendra/- U T