Mohammad Fultu @ Fultu Alam @ Md. Fultu Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24012 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- AMDABAD District- Katihar ====================================================== MOHAMMAD FULTU @ FULTU ALAM @ MD. FULTU ALAM Son of Mohammad Shahid R/V- Baida, PS- Amdabad, Dist- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Musowir For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Amdabad P.S. Case No. 264 of 2022 registered for the offence under Sections 341/376/506/504/34 of the Indian Penal Code. The prosecution story in short is that on 28.10.2022 at about 10.00PM, when the informant went to orchard for bringing soil in the meantime the petitioner caught her and took her in bamboo orchard and committed rape. The petitioner threatened the informant that if she will disclose his name he will kill her. Thereafter, the informant went to house and disclosed the said occurrence among the family members
Patna High Court CR. MISC. No.24012 of 2023(2) dt.18-05-2023 2/2 and thereafter the informant along with her family members went to the house of the petitioner but the father of the petitioner abused them and threatened them.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2023 and the petitioner is quite innocent and the date of occurrence is 28.10.2022 and the F.I.R. has been lodged on 15.11.2022 after eighteen days. Learned A.P.P. has vehemently opposed the prayer for bail.
Considering the delay in lodging the F.I.R., this application for regular bail is allowed.
Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Katihar/concerned Court below in connection with Amdabad P.S. Case No. 264 of 2022. (Sandeep Kumar, J) Shishir/- U T