Azimuddin Miyan @ Azimuddin Azam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40103 of 2014 Arising Out of PS.Case No. -584 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Azimuddin Miyan @ Azimuddin Azam S/o Nisir Miyan Resident of Haradiya, P.S. - Turkauliya District - East Champaran. At present of Mohalla - Khodanagar, P.S. - Chhatauni, district - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shahnaj Khatoon S/o Nasar Ali Resident of Dhangadha, P.S. - Dumariya Ghat, District - East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : M/S. Gautam Kr. Yadav & Fakhruddin Ali For the Opposite Party/s : Mr. Amrendra Pd.(App) For the Opp. Party No. 2 : Mr. Pravin Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in connection with Complaint Case No. 584 of 2014 registered under section 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on account of animosity which is being generated by one lawyer who is on litigating terms with the petitioner and a similar F.I.R. was also filed bearing Dumaria Ghat P.S. Case No. 32/14 under similar section in which the police has found the case to be false. In the

Patna High Court Cr.Misc. No.40103 of 2014 (2) dt.25-03-2015 said case the allegation is that the daughter of the complainant herein had been kidnapped and taken away in Bolero whereas in the present case, the girl in question has alleged that finding her alone at a secluded place, the petitioner had indulged in committing rape on her.

Considering the nature of allegation as leveled against the petitioner and also the fact that there appears to be some cloud over the prosecution story and also that there is no medical report to support the allegation as made against the petitioner, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. K. Bharati, Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Complaint Case No. 584 of 2014/T. R. No. 6146 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Anjana Mishra, J) Amin/- U