Safique Alam @ Shafique Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 18989 of 2020 ========================================================== Safique Alam alias Shafique Alam, aged about 45 years, male, Son of late Zamaluddin, R/o Village-Pipla, P.S.-Kochadhaman, District-Kishanganj. ...........Petitioner/s
Versus
The State of Bihar ..........Opposite Party/s ========================================================== Appearance:
For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the State : Mr. Jagdhar Prasad, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 21/07/2020 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Kishanganj Mahila P.S. Case No. 57 of 2018 instituted for the offences under Sections 342, 376 and 506 of the Indian Penal Code.
Though there is an allegation in the F.I.R. of having committed rape with the prosecutrix, but the police, after investigation, found the case to be false and submitted a final report. However, differing with the police report, cognizance has been taken against the petitioner on 15.12.2018.
It has been submitted on behalf of the petitioner that there is a delay of five days in loadging the F.I.R. and that also for a purpose. It has further been submitted that the present case is counter blast to the case lodged by the petitioner against the informant and her family members vide Kochadhaman P.S. Case No. 164 of 2018. Regard being had to the facts afore-stated, the petitioner abovenamed, in the event of his arrest/surrender before the Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Addl. District and Sessions Judge-Ist-CumSpecial Judge, Kishanganj in connection Kishanganj Mahila P.S. Case No. 57 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J.) Praveen-II/- U T