Md. Kaunain Jailani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24955 of 2020 Arising Out of PS. Case No.-93 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== MD. KAUNAIN JAILANI, Male, aged about 19 years, Son of Tamannay, Resident of Village- Jahangir Tole, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ugranath Mallik, Advocate.

For the Opposite Party :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court Proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 376 of the I.P.C. and 4/6 of POCSO Act.

The prosecution story, in brief, is that on 27.10.2019 at 6.00 P.M., in evening, the informant was going to take domestic articles from the shop of Babaji Kirana House and reached near the house of Babaji at Choti Puliya, Md. Jilani (petitioner) surrounded and caught her and forcibly took her

Patna High Court CR. MISC. No.24955 of 2020(3) dt.10-12-2020 2/3 near the orchard and committed rape upon her and on the point of knife told that if she narrate about the incident to other then she would be killed.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been examined by the Medical Officer. The medical examination report of the victim is in paragraph no. 27 of the case diary. The medical examination report of the doctor does not corroborate the allegation made in the F.I.R. There is case and counter-case between the parties. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge (POSCO Act), Darbhanga, in connection with Kamtaul P.S. Case No.

Patna High Court CR. MISC. No.24955 of 2020(3) dt.10-12-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T