Md. Shabbir @ Md. Sabbir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7291 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Shabbir @ Md. Sabbir Alam son of late Shamsul, resident of village Madanpur, P.S. Azamnagar (Salmari O.P.), District Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Qumrul Hoda For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/34 of the Indian Penal Code.

Allegation is that the accused persons committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. From perusal of paragraph Nos.86, 87, 88 of the case diary, it is evident that the victim had established physical relation with the petitioner out of her own consent.

Patna High Court CR. MISC. No.7291 of 2019(3) dt.18-04-2019 2/2 There was love affair between them.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Katihar in connection with Azamnagar (Salmari O.P.) P.S. case No.140 of 2018.

(Sudhir Singh, J) Narendra/- U