Patna High CourtCR. MISC./38546/2014bail granted

Md. Farooque Alam @ Bhutto @ Butto v. The State Of Bihar

2015-01-07Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38546 of 2014 Arising Out of PS.Case No. -32 Year- 2014 Thana -TEDHAGACHH District- - ====================================================== Md. Farooque Alam @ Bhutto @ Butto son of Jahan Ali Resident of village - Sundar Bari, Matiyari, P.S. - Terhagachh, District - Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr.Binod Kumar,A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 15.5.2014 in Terhagachh P.S. Case No.32 of 2014 for the offence under Sections 341, 342, 323, 376, 379, 504, 506 and 34 of the I.P.C. It is submitted on behalf of the petitioner that though a case under Section 376 of the I.P.C. has been registered against the petitioner, the victim girl is legally married wife of the petitioner and, therefore, the said case will not come within the ambit of provision of Section 376 of I.P.C. It is further submitted that after investigation charge sheet in the present case has been instituted under Sections 376 and 498(A) of the I.P.C. It is further submitted that the petitioner has remained in custody for over

Patna High Court Cr.Misc. No.38546 of 2014 (3) dt.07-01-2015 2/2 seven months on account of the case filed against this petitioner by the informant who had been pressurizing him for various reasons which led to the petitioner to file a divorce case so as to free himself from bondage of association of the family of the informant.

Considering the aforementioned submissions and also the fact that the victim girl happens to be the legally wedded wife of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in Terhagachh P.S. Case No.32 of 2014. (Anjana Mishra, J) AnilKrSinha/- U T