Patna High CourtCR. MISC./28970/2024bail granted

Md. Imran v. The State Of Bihar

2024-05-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28970 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- DAGARUA District- Purnia ====================================================== Md. Imran Son of Md. Nizamuddin R/o Village- Kadfamgachi, P.S.- Dagarua, Distt.- Purnia, PIN-854330 (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dagarua P.S. Case No. 174 of 2023 dated 01.06.2023 registered for the offences punishable u/s 376 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant forcibly.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 25.05.2023 but the F.I.R. was lodged on 01.06.2023 and there is no explanation for this delay. Learned counsel has further submitted that the

Patna High Court CR. MISC. No.28970 of 2024(3) dt.03-05-2024 2/2 allegation levelled against the petitioner is only with view to pressure him for the purpose of marriage. As per the medical report, there is no sign of any sexual assault. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Dagarua P.S. Case No. 174 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T