Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11713 of 2019 Arising Out of PS. Case No.-60 Year-2012 Thana- JALALGARH District- Purnia ====================================================== MD. IMTIYAZ Son of Nazamuddin Resident of village-Kumharwa, P.S.- Jalalgarh, District-Purnea ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Najrin, wife of Md. Khalid, resident of Kumharwa, P.S. Jalangarh, District-Purnia.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jalalgarh P.S. Case No.60 of 2012 registered under Sections 376 and 225 of the Indian Penal Code. The accusation against the petitioner is of committing rape on the complainant/informant/opposite party no.2. Learned counsel for the petitioner submits that on the basis of complaint petition filed by the complainant/informant, the present F.I.R. was lodged. On investigation, the police submitted the final form but differing with the final form, the learned court below took the cognizance of the offence against

Patna High Court CR. MISC. No.11713 of 2019(4) dt.20-06-2019 2/2 the petitioner under Sections 376 and 225 of the Indian Penal Code. Further submission is that, in fact, due to land dispute, the present case had been lodged but, later on, the complainant/informant/opposite party no.2 filed the compromise petition in the court of the Chief Judicial Magistrate, Purnia. While the notice as issued to the opposite party no.2 under ordinary process was received by her but she did not turn up before this Court.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Purnea, in connection with Jalalgarh P.S. Case No.60 of 2012, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T