Nayeem Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.42555 of 2015 (3) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42555 of 2015 Arising Out of PS.Case No. -357 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nayeem Alam Son of Bagar Mian Resident of Village- Ahwar, Sheikh Churiharwa tola, Police Station- Majhaulia, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Brij Kishor Mishra For the Opposite Party : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 12.07.2015 in a case instituted under Section 376 of the Indian Penal Code. As per the prosecution case, it is a case of rape upon the informant's daughter by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.07.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. Annexure-2 is the medical examination report of the doctor and from perusal of the said medical report, it would appear that the

Patna High Court Cr.Misc. No.42555 of 2015 (3) dt.05-11-2015 same do not supports the prosecution case as alleged against the petitioner. Petitioner has falsely been implicated in the present case due to previous enmity.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 Ist Additional District & Sessions Judge-cum-Special Judge, Bettiah, District-West Champaran in connection with Majhaulia P.S.Case No.357 of 2015, S.G.R.No.64 of 2015.

(Sudhir Singh, J) B.Kr./- U T