Md. Manjar Alam @ Laltu @ Manjar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2432 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -MANSAHI District- KATIHAR ====================================================== Md. Manjar Alam @ Laltu @ Manjar Alam, Son of Md. Mubarak, resident of Village- Ratanpur, P.S. Manihari, District- Katihar. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner: M/s. N.K. |Agrawal, Senior Advocate & Bimal Kumar, Advocate.
For the State :Mrs. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 04-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Mansahi P.S. Case No.34 of 2016 registered under Sections 341, 342, 323, 366, 376 and 504/34 of the Indian Penal Code. The accusation is that on 26.05.2016, the informant received call on her mobile at about 09.00 P.M. through mobile no.7479710690. When the informant made query about the name of the caller then he disclosed his name as Md. Manjar alias Laltu (petitioner) and he asked about her brother on which the informant replied that her brother is not in the house. Later on, again, she received call on her mobile from the same number and then on
Patna High Court Cr.Misc. No.2432 of 2017 (2) dt.04-02-2017 2/3 query, the caller disclosed his name as Md. Murshed and again the informant received call on her mobile from the same number and on query, the caller disclosed his name as Mahboor Alam. In the meantime, three persons entered into the house of the informant and folding Gamchha on her mouth took her in a room, from where Mahboor Alam and Md. Murshed moved and this petitioner after taking the intoxicated material committed rape on her by unfolding her cloths in that night and also further three days on giving assurance of performing the marriage. Later on, the informant was left by the petitioner near her village on 03.06.2016 and then she narrated about the occurrence to her parents. Learned counsel appearing on behalf of the petitioner submits that the occurrence is of 26.05.
2016 and the informant is said to be left in village on 03.06.2016 by this petitioner but no information was given by her parents or brother while they returned to house on 27.05.2016, as detailed in paragraphs-4 and 5 of the case diary. In fact, the informant is divorcee and her parents wanted to perform her marriage with this petitioner and on refusal, the present case has been lodged. The petitioner having no criminal antecedent is in custody since 17.11.2016.
Patna High Court Cr.Misc. No.2432 of 2017 (2) dt.04-02-2017 3/3 bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Katihar, in connection with Mansahi P.S. Case No.34 of 2016.
(Rajendra Kumar Mishra, J) P.S./- U T