Imtiyaj Ahamad v. The State Of Bihar

Patna High Court Cr.Misc. No.43926 of 2015 (3) dt.02-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43926 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -MAHILA PS District- BUXAR ====================================================== Imtiyaj Ahamad Son of Manjur Alam, Resident of village- Rajapur (Benilal Ke Dera), P.S- Simri, Disrict- Buxar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dr. Kamal Deo Sharma For the Opposite Party : Mr. Smt.Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 29.06.2015 in a case instituted under Sections 376, 366, 328 and 420 of the Indian Penal Code.

As per prosecution case, it is a case of rape upon the informant, namely, Nitu Kumari by the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.06.2015. 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 falsely been implicated in the present case.

Patna High Court Cr.Misc. No.43926 of 2015 (3) dt.02-12-2015 From perusal of Annexure-2, it would appear that the petitioner and the victim have married and an affidavit has also been made to that effect. It is further submitted that the petitioner and the victim are major which is evident from the certificate issued by the respective authorities, which is part of Annexure-2 to the petition.

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 CJM, Buxar in connection with Buxar (Mahila) P.S.Case No.18 of 2015. (Sudhir Singh, J) B.Kr./- U T