Md. Mahboob @ Md. Mahboob Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6556 of 2019 Arising Out of PS. Case No.-336 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== MD. MAHBOOB @ MD. MAHBOOB ALAM about 43 years Male, Son of Zubair Resident of Village - Pachbir, PS Sahebpur Kamal, District Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Sahebpur Kamal (S. Kamal) P.S. Case No. 336 of 2018 registered for the offence punishable under Section 376 of the Indian Penal Code.
Informant has alleged in her written complaint that while on 19.10.2018 at about 11:00 pm while she was returning after seeing Mela at about 2:00 pm in the night, petitioner on gun point forcibly took her and committed rape upon her and thereafter again put her in the Tempo, however, on raising alarm he de-boarded her and fled away.
It has been submitted on behalf of the petitioner that the occurrence is of 19.10.2018, however, FIR was instituted on 21.10.2018 without any explanation for such delay. It has been
Patna High Court Cr.Misc. No.6556 of 2019(2) dt.11-02-2019 2/3 further submitted that the victim was examined by the medical board and as per the medical board no sign of any rape or injury on the person of victim was found. Informant and petitioner are next door neighbours and there is dispute with respect to drainage between the parties as such he has been falsely implicated in this case. The medical board had assessed the age of victim girl to be 19 years and she is a married lady. Petitioner has got no criminal antecedent and is in custody since 22.10.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Sahebpur Kamal (S. Kamal) P.S. Case No. 336 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or
Patna High Court Cr.Misc. No.6556 of 2019(2) dt.11-02-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U