Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17964 of 2015 Arising Out of PS.Case No. -226 Year- 2014 Thana -JALALGARH District- PURNIA ====================================================== Md. Imran son of Late Abdul Gaffar resident of village- Kumharwa, P.S.- Jalalgarh, Distt. Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-09-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 376, 313, 120(B) of the Indian Penal Code.

The informant filed complaint petition on 22.09.2014 alleging therein that since 13.05.2014 the petitioner was committing rape with her on the pretext of marriage. On the basis of the aforesaid complaint, the present F.I.R. was lodged. It is submitted that the doctor examined the victim and assessed the age of the victim between 17 to 18 years and did not find any sign of rape.

On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submitted that the victim was a minor.

Taking into consideration the fact that the doctor

Patna High Court Cr.Misc. No.17964 of 2015 (5) dt.10-09-2015 2/2 assessed the age of the victim between 17 to 18 years on the basis of the ossification test and the doctor did not find any sign of rape and on the face of the F.I.R. itself, it appears that the victim was a consenting party, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Sinha, Judicial Magistrate, Purnea in Jalalgarh P.S. Case No. 226 of 2014.

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