Patna High CourtCR. MISC./5035/2024bail granted

Naushad Alam v. The State Of Bihar

2024-07-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5035 of 2024 Arising Out of PS. Case No.-392 Year-2023 Thana- MASHRAK District- Saran ====================================================== Naushad Alam Son Of Quamudin Miya Resident Of Village - Mashrakh Takhta, Police Station - Mashrakh, District - Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Yadav, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 392 of 2023 dated 24.07.2023 registered for the offences punishable under Sections 342 and 376(D) of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with two unknown accused persons has committed rape on the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. has been lodged after a delay of two days without disclosing the reasons for the delay. The victim is major. The medical report does not support the prosecution case in which the

Patna High Court CR. MISC. No.5035 of 2024(5) dt.03-07-2024 2/2 doctor opined that there is no evidence of recent sexual intercourse and she was not pregnant. The victim/informant has not stated anything regarding sexual assault with her in her examination-inchief. The petitioner has a clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim in her statement recorded u/s 164 of Cr. P.C. has supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Mashrakh P.S. Case No. 392 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T