Patna High CourtCR. MISC./38310/2022bail granted

Md. Aslam Ali @ Shafik @ Shakik v. The State Of Bihar

2022-10-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38310 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- ANDHRATHARHI District- Madhubani ====================================================== Md. Aslam Ali @ Shafik @ Shakik Son Of Md. Mustakim R/O VillageGiderganj, P.S.- Andhrathandhi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv. with Mr. Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Andhrathadhi P.S. Case No. 90 of 2021 lodged under Sections 376, 420, 313, 504, 506 of the I.P.C.

As per the prosecution case, the allegation against the petitioner is that he has raped a lady cook in the school. It has been alleged that she used to visit at the house of the petitioner upon pregnancy, the petitioner provided medicine to her which resulted to her abortion. There was a continuous threat upon the informant to kill and elope her dead body.

Patna High Court CR. MISC. No.38310 of 2022(2) dt.10-10-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that he was school teacher since long and there was no allegation at any early occasion. He further submits that statement of alleged victim takes place under Section 164 Cr.P.C. in which she has having 15 years child. Learned counsel for the petitioner submits that it is a case of consensual sexual relation between 2 adult and definitely not a case of rape. He further submits that petitioner is in custody since 17.05.2022 having clean antecedent, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur in connection with Andhrathadhi P.S. Case No. 90 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.38310 of 2022(2) dt.10-10-2022 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T