Patna High CourtCR. MISC./12055/2017bail granted

Sarfaraz v. The State Of Bihar

2017-05-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12055 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ====================================================== Sarfaraz, S/o Mahboob @ Mangan, Resident of Village- Kakorwa, P.S.- Araria, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2017 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No.18 of 2016 registered for the offences punishable under Section 376/34 of the Indian Penal Code.

The victim made allegation that while she was coming to take water, Afsad dragged her into a house and committed rape with her. On the next day, his brother Sarfaraz came there and took to them to his house. Sarfaraz asked the victim to go to her house and threatened her. Learned counsel for the petitioner submits that the petitioner is brother of Afsad. The victim lodged the case only to put pressure so that she may be married to Afsad. The petitioner is alleged to have abused the panches.

Patna High Court Cr.Misc. No.12055 of 2017 (2) dt.23-05-2017 Considering the fact that the petitioner is not alleged to have misbehaved with the victim and the fact that Afsad is alleged to have committed rape on the informant and the petitioner is brother of Afsad , let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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, Araria in connection with Araria Mahila P.S. Case No.18 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Arvind/- U T