Md. Faruk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44401 of 2014 Arising Out of PS.Case No. -122 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Md. Faruk Son of Late Qayum, resident of village- Ranibagh, Bhatta Tola, P.S. - Bakhtiarpur, Distt. - Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Advocate For the Opposite Party/s : Mr. M. Rub (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04-02-2015 Heard Mr. S.M. Ashraf, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in connection with Bakhtiarpur P.S. Case No. 122 of 2013 for offence punishable under Sections 366A and 376/34 of the Indian Panel Code. The petitioner alongwith others named in the FIR have been charged with abducting the informant to Delhi and whereafter subjecting her to sexual assault. It is alleged that some how she escaped from the clutches and whereafter she has returned to Bakhtiarpur to institute the case. Mr. Ashraf, learned counsel for the petitioner with reference to the FIR has submitted that for the alleged occurrence of 4.5.2013, no FIR was instituted by any family members rather it

Patna High Court Cr.Misc. No.44401 of 2014 (2) dt.04-02-2015 is the victim herself who has instituted the case after a delay of almost two weeks on 17.5.2013. He further submits that the present FIR in fact is a return to the FIR instituted by the brother of the petitioner against the father of the informant giving rise to Bakhtiarpur P.S. Case No. 120 of 2013 registered on 4.5.2013. Having heard learned counsel for the parties and taking note of the submission of learned counsel, let the petitioner Md. Faruk be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S. Case No. 122 of 2013. (Jyoti Saran, J) S.Sb/- U