Md. Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34824 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== Md. Irshad S/o Mohammad Mustfa R/O Bihari Saw Lane, P.O. - Bankipore, P.S. - Pirbahore, District - Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Saurabh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

21-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Pirbahore P.S. Case No. 145 of 2020, registered for the offence under Sections 342, 376, 506, 504/34 of the Indian Penal Code and Sections 3, 4, 5, 6 of Immoral Traffic Prevention Act.

It is submitted on behalf of petitioner that the alleged date of occurrence is 08.01.2020, but the F.I.R. has been lodged belatedly on 08.03.2020 and there is no explanation for delay. It is further submitted that the victim was examined under Section 164 Cr.P.C. wherein she has not alleged anything against this petitioner, rather she has alleged that on 08.01.2020, co-accused Ruby Kumari (wife of petitioner), after giving her intoxicated medicine, got her (victim) raped by one Babar and thereafter, her husband. Co-accused Ruby Kumari has already been granted bail by this Court, vide order dated 15.05.2020 passed in Cr.Misc. No. 19094 of 2020. The victim girl has disclosed her

Patna High Court CR. MISC. No.34824 of 2021(3) dt.21-10-2021 2/2 age as 18 years. Petitioner is in custody since 18.01.2021. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

In view of statement of the victim girl recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Pirbahore P.S. Case No. 145 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T