Md. Rafikul v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35175 of 2017 Arising Out of PS.Case No. -1612 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Rafikul S/o Md. Nuruddin, Resident of Lalganj, P.S.-Pranpur (Roshana O.P.), District-Katihar.

.... .... Petitioner

Versus

1. The State of Bihar

2. Bibi Akhtara Khatoon, W/o Ruhul Amin, Resident of Lalganj, P.S.- Pranpur, District-Katihar.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar Jha, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 376 and 511 of the Indian Penal Code.

In complaint based FIR, allegation against the petitioner is that he entered into the house of the complainant and attempted to commit rape against her. When the family members woke up, the petitioner fled away alongwith gold chain of the complainant. In reply to the court question, the complainant has stated that the petitioner is her neighbour. The petitioner wanted to marry with her.

Patna High Court Cr.Misc. No.35175 of 2017 (3) dt.17-10-2017 However, the complainant was not willing to marry with the petitioner and she married with another man. She further stated that the matter was of one sided love. After hearing the parties and considering the background of nature of the allegation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. 1612 of 2013 being Tr.No.411 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T