Md. Shafique @ Safaque @ Md. Safaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18892 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Md. Shafique @ Safaque @ Md. Safaque Son of Md. Shahid, Resident of Village - Sikitihar, P.S. - Bahadurganj, District - Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.

The petitioner seeks his bail in a case registered under Sections 376, 504 and 506 IPC.

The prosecutrix made allegation against the petitioner that the petitioner committed rape with her while she had gone to pick paddy in the field.

It is submitted that the FIR was lodged on 24.6.2014 and on 28.6.2014, the statement of the prosecutrix was recorded under Section 164 of the Cr.P.C.. She disclosed that the occurrence took place about ten days back. The doctor examined the victim on 27.6.2014 and found the victim carrying pregnancy of 29 week. It is further submitted that medical report itself shows that the victim was having illicit relation with someone else from before and only to put undue pressure on the petitioner, she lodged the case. The petitioner is in jail since 13.8.2014. Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.18892 of 2015 (3) dt.02-07-2015 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S.Case No.148 of 2014.

(Prabhat Kumar Jha, J) ahk/- U T