Md Abdul Nawab @ Abdul Nawab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36422 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHILA P.S. District- Kishanganj ====================================================== Md Abdul Nawab @ Abdul Nawab Son of Ibrahim Resident of Village Rampur P.S. - Terhagacch, District- Kishanganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarangdhar Jha, Advocate For the Opposite Party/s :
Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-04-2021 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
2. The petitioner is in custody since 09.07.2020 in connection with Kishanganj (Mahila) P.S.Case No.29 of 2020 for the alleged offences under Sections 376 and 354(B)/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated on the allegations that two motorcycle-borne riders
Patna High Court CR. MISC. No.36422 of 2020(5) dt.17-04-2021 2/3 carried away the informant's daughter, upon which co-accused Momin Alam committed rape upon her while the petitioner was also getting ready to do so. On intervention of the villagers, coaccused Momin Alam was caught while the petitioner fled away. It is submitted that the petitioner has not been arrested at the spot nor is there any objective material to connect him with the alleged occurrence. The medical examination has not disclosed any internal or external injury on the victim's private part nor evidence of recent sexual intercourse nor presence of spermatozoa. The age of the so-called victim girl has been assessed between 16-18 years. The victim girl in her statement recorded under Section 164 Cr. P.C. has not named the petitioner. It is submitted that the petitioner's case stands on better footing than that of co-accused Momin Alam who has since been granted bail by this Court in Cr.Misc. No.34717 of 2020. The petitioner claims clean antecedents.
4. Learned APP appears and has been heard.
5. Be that as it may and having regard to the period of custody already suffered since 09.07.2020, let the petitioner above named 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 Additional District and
Patna High Court CR. MISC. No.36422 of 2020(5) dt.17-04-2021 3/3 Sessions Judge 1st-cum-Special Judge, Kishanganj in connection with Kishanganj (Mahila) P.S.Case No.29 of 2020, if he is not otherwise required in any other case.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) HR/- U T