Md. Kamir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44065 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -PUPRI District- SITAMARHI ====================================================== Md. Kamir, Son of Md. Jamir, Resident of Village- Bachharpur, P.S.- Pupri, District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends arrest in connection with Pupri P.S. Case No. 217 of 2016 registered under Sections 341, 323, 354, 376, 379, 504 and 504/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that the victim did not disclose the name of petitioner during the period of one year. When the petitioner and his family members refused the proposal of the marriage, the informant has falsely implicated the petitioner in the present case for making undue pressure. The Medical Board assessed the age of the informant in between 17 to 19 years and the Doctor opined that it is difficult to say that
Patna High Court Cr.Misc. No.44065 of 2017 (3) dt.03-11-2017 2/2 whether rape has occurred or not.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Pupri, Sitamarhi in connection with Pupri P.S. Case No. 217 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T