Tanweer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25351 of 2024 Arising Out of PS. Case No.-787 Year-2009 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Tanweer Alam S/O NAZIMUDDIN ALAM Resident of Village - Dahibhat, PS- Terhagachh, Distt.- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalmai D/O Talimuddin @ Lalbabu Resident of Village - Dahibhat, PSTerhagachh, Distt.- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with S.T. No. 56 of 2024 (arising out of Complaint Case No. 787 C of 2009 for the offences punishable under Section 376 of the Indian Penal Code.

3. As per allegation, the petitioner had committed rape upon the complainant at the point of knife. Further, the husband of the complainant ousted from her matrimonial house. Thereafter, she went to her maternal house and a panchayati was convened, in which, the petitioner assured that he would solemnize marriage with the complainant only after divorce from her husband.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, the complainant has filed the

Patna High Court CR. MISC. No.25351 of 2024(4) dt.24-07-2024 2/2 present case for some ulterior motive. She has already lodged a case against Dr. Hasanan Raja with the similar allegation in the year 2008 as Teragachh P.S. Case No. 39 of 2008. He has further submitted that the mother and father of the complainant have also lodged a case. The petitioner is under custody since 01.02.2024.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge, Kishanganj in connection with S.T. No. 56 of 2024 (arising out of Complaint Case No. 787 C of 2009 2, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T