Patna High CourtCR. MISC./15358/2020bail granted

Md. Asagar v. The State Of Bihar

2020-03-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15358 of 2020 Arising Out of PS. Case No.-51 Year-2019 Thana- MAHILA P.S. District- Sitamarhi ====================================================== MD. ASAGAR Son of Md. Kaum R/o - At and P.O. - Sirsi, P.S. - Nanpur, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Jubair Ansari For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code.

Allegation is that the petitioner committed rape upon the victim on the pretext of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim was taken by the Mahila P.S. for medical examination. She refused to go for the medical examination. A petition has been filed on behalf of the lady

Patna High Court CR. MISC. No.15358 of 2020(2) dt.03-03-2020 2/2 police Officer, where it has been stated that the victim denied to get herself medically examined by the doctor. The conduct on the part of the victim shows that she has filed the present case with malafide intention. Said petition filed by the lady police Officer before the court below is Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi Mahila P.S. case No.51 of 2019.

(Sudhir Singh, J) Narendra/- U T