Lalu @ Ejaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30152 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Lalu @ Ejaz, S/o Yaseen, resident of village- Sarai, Police StationKochadhaman, District- Kishanganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Firoz Ahmad, Advocate For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 223, 376, 420, 120B of the Indian Penal Code. Accusation is of ravishing the daughter of the informant two and half years prior to the lodging of the complaint and kept continuing physical relationship on promise of marriage.
It is submitted by the learned counsel for the petitioner that admittedly the complaint has been filed after two and half years of actual occurrence. It is submitted that under Section 164 Cr.P.C. statement the victim got her age recorded 23 years, the Court also assessed her aged 23 years but she has not stated about ravishment by anyone. The petitioner being paternal brother of the victim has been roped in
Patna High Court Cr.Misc. No.30152 of 2015 (2) dt.29-07-2015 the present case since he is on inimical terms with informant due to land dispute.
Considering the delayed lodging of the case and the statement of the victim under Section 164 Cr.P.C., let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 30 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T