Patna High CourtCR. MISC./15904/2015bail granted

Md. Parwej v. The State Of Bihar

2015-06-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15904 of 2015 Arising Out of PS.Case No. -8 Year- 2014 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Md. Parwej Son of Md. Kasim Resident of village - Sulindabad, P.S. Sadar, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. C.Jawahar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 Heard both sides.

The petitioner seeks his bail in Saharsa Mahila P.S.Case No.08 of 2014 registered under Section 376 of the Indian Penal Code.

The informant, victim of the case, alleged that the petitioner picked her from room to Angan and committed rape with her in the night.

It has been submitted that on behalf of the petitioner that the alleged occurrence is said to have taken place on 14.4.2014 but the FIR was institute on 17.4.2014 and for the delay in instituting the case, no explanation has been made on behalf of the prosecution. It is also submitted that the petitioner has clean antecedent From perusal of Anneure-2, it appears that there is a title suit pending between both the parties. It has further been pointed out that the petitioner has been made accused in this case as the title suit was filed by the grand father of the petitioner against the husband of the informant.

On behalf of the State it has been stated that the petitioner

Patna High Court Cr.Misc. No.15904 of 2015 (2) dt.08-06-2015 2/2 is named in the FIR and there is direct allegation against the petitioner.

Considering the facts aforesaid, the petitioner, named above, is directed to 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 Sub Divisional Judicial Magistrate, Saharsa in connection with Saharsa Mahila P.S.Case No.08 of 2014.

(Sudhir Singh, J) ahk/- U T