Alamgir @ Alamgir Alam @ Md. Alamgir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6685 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- MAHILA PS District- Katihar ====================================================== Alamgir @ Alamgir Alam @ Md. Alamgir Alam, Son of Nurul Islam resident of village- Makhnandhar, Police Station- Barari (Semapur OP), DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2019 The petitioner apprehends his arrest in connection with Mahila P.S.Case No. 36 of 2018 registered under Sections 323, 376, 442 and 504/34 of the Indian penal Code. Allegation against the petitioner is of committing rape upon the informant.

Submission of learned counsel for the petitioner is that there is delay in lodging the FIR of six months as the occurrence is of 22.03.2018 and information has been given to the police on 06.09.2018 and furthermore her statement under Section 164 Cr.P.C. shows that she was major and as such no offence is made out under Section 376 of IPC.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed,

Patna High Court Cr.Misc. No.6685 of 2019(2) dt.05-02-2019 2/2 in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Katihar in connection with Mahila P.S. Case No. 36 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sujit/- U T