Md. Prawez @ Md. Prawez Alam @ Parwez Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.46349 of 2015 (2) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46349 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Md. Prawez @ Md. Prawez Alam @ Parwez Alam S/o Nasiruddin resident of village Chikani P.S. & District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner prays for anticipatory bail in a case registered under Sections 313, 376, 493/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that out and out a false case has been instituted by the informant who, in the opinion of the Medical Board, is major. It is further submitted that no offence of rape is made out on the allegations made in the first information report, which clearly indicates consensus physical relationship between the parties, although the said allegations are also not true. It is also submitted that the allegation regarding abortion is not borne out from the medical report. It is stated that the mother of the petitioner has already

Patna High Court Cr.Misc. No.46349 of 2015 (2) dt.10-11-2015 been granted anticipatory bail by order dated 27.08.2015 of this Court passed in Cr. Misc. No.35117 of 2015.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Md. Prawez alias Md. Prawez Alam alias Parwez Alam, in the event of his arrest/surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Araria in connection with Araria Mahila P.S. Case No.17 of 2015, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/- U