Md. Samshad Alam @ Md. Shamshad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51883 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -PALASI District- ARRARIA ======================================================
1. Md. Samshad Alam @ Md. Shamshad Alam, son of Ishhaque Alam Resident of village - Fulsara, Police Station - Palasi, District - Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Amrendra Kumar-Advocate Mr. Ravi Shanker Pankaj -Advocate For the Informant : Mr. Sanjay Kumar Sharma-Advocate For the State : Mrs. Sharda Kumari-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner as well as learned counsel for the informant along with learned Additional Public Prosecutor.
Though, the informant/ victim had given some sort of explanation relating to delay in filing of instant case wherein she had alleged that Md. Shamshad Alam and one another unknown person on the pretext of knife, forcibly lifted her in the morning of 05.03.2015 and further, Md. Shamshad raped her at lonely place. Then thereafter, they took her to Bahadurganj and while they were taking tea, she informed persons assembled there that she was being forcibly taken away. Seeing the same, Md. Shamshad and other managed to escape leaving her. Then thereafter, she
informed her parents, who came and took her away. From the written report itself, it is evident that informant had not disclosed to the persons at Bahadurganj that she was raped and in likewise manner, she remained absent on that very score, while disclosing the event to her family members. In the aforesaid background as is evident, chargesheet has been submitted under Section 366 of the I.P.C. and as submitted, cognizance had also been taken under the aforesaid Section. It has also been submitted that had there been complicity of the petitioner, he would not have stayed at Bahadurganj and further, would have dared to take tea in a shop keeping informant at bay exposing themselves. It has also been submitted that petitioner happens to be under custody since 22.09.2016, having no criminal antecedent.
Learned counsel for the informant as well as learned Additional Public Prosecutor opposed the prayer and submitted that though chargesheet had already been submitted under Section 366 of I.P.C., but the stage is yet to come to acknowledge the grievances of the prosecution.
In the aforesaid facts and circumstances of the case, petitioner, Md. Samshad Alam @ Md. Shamshad Alam is directed to 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 Mr. Raghubansh Narayan, Additional Judicial Magistrate-IIIrd, Araria in connection with Palasi P. S. Case no.41 of 2015.
(Aditya Kumar Trivedi, J) Vikash/- U T