Md. Muzaffar @ Muzaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28356 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Muzaffar @ Muzaffar Son of Late Sikander Resident of village - Siktiya Baria, P.S. Azamnagar, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 376, 120(B) of the Indian Penal Code.

Azamnagar P.S. Case No. 189 of 2015 was registered on the basis of complaint petition filed on behalf of the complainant and in the complaint petition, complainant specifically stated that petitioner had been committing rape on her since last two months on false promise of marriage. However, subsequently, she stated in her complaint petition that she was forcibly raped by the petitioner.

Patna High Court Cr.Misc. No.28356 of 2016 (3) dt.29-09-2016 2/2 Submission on behalf of the petitioner is that petitioner is younger brother in law of cousin sister of informant and as a matter of fact, the informant as well as her family members pressurized the petitioner to marry with the informant but petitioner flatly refused resulting implication of the petitioner in the present case. It is further submitted that prior to institution of the present case, the brother of the petitioner had filed Azamnagar P.S. Case No. 163 of 2015 against the family members of the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner 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 Sri D.K. Rai, Judicial Magistrate 1st Class, Katihar in connection with Azamnagar P.S. Case No. 189 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T