Md. Monazir @ Md. Munazir v. The State Of Bihar

Patna High Court Cr.Misc. No.27086 of 2015 (3) dt.24-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27086 of 2015 Arising Out of PS.Case No. -203 Year- 2014 Thana -JALILGARH District- PURNIA ====================================================== Md. Monazir @ Md. Munazir Son of SK. Md. Shamin Resident of village - Khunkhuni, P.S. Jalalgarh, District - Purnea .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bishwanath Prasad Singh For the Opposite Party : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 147, 148, 448, 324, 325, 307, 380, 382 and 376 of the Indian Penal Code.

It is alleged by the informant that four months earlier at the time of returning from Madarsa at about 2 P.M. the petitioner got up the informant in his Bolero vehicle and taken her to Purnea forcibly to show Cinema. During the show of cinema, the petitioner outraged her modesty. When the cinema was over, the petitioner further taken away the informant to some conscious place and raped her without her consent and also threatened to kill her.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.27086 of 2015 (3) dt.24-09-2015 the victim and the petitioner are own cousins. The case has been instituted due to land dispute between both the families. It has further been submitted that vide Annexures-2 and 3, the matter has been settled between the parties.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 CJM, Purnia in connection with Jalalgarh P.S.Case No.203 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T