Md. Manzoor Alam @ Manzoor Alam @ Md Manjur Alam @ Manjoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33826 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA P.S. District- Purnia ====================================================== Md. Manzoor Alam @ Manzoor Alam @ Md Manjur Alam @ Manjoor Alam Son of Late Fazilat Hussain Resident of Village - Kankhudi, P.s.- Jalalgarh, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 14 of 2022 instituted for the offence under Sections 376 and 313 of the Indian Penal Code. Allegation against the petitioner is commission of rape upon the informant and making physical relationship with her and consequently she conceived. It is further alleged that the petitioner administered medicine to the informant and due to which miscarriage took place.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.33826 of 2022(2) dt.24-11-2022 2/3 committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case due to contradiction of election of ward member. It is further submitted that the informant is a married and major lady and the petitioner is also a married person and there is no report to prove the termination of pregnancy of the informant. It is further submitted vide supplementary affidavit that after completing the investigation, this instance case has not found true under section 376 and 313 of IPC rather they have found true under section 354B of IPC.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahila P.S. Case no. 14 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Purnea subject to the conditions as laid down under section

Patna High Court CR. MISC. No.33826 of 2022(2) dt.24-11-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T