Patna High CourtCR. MISC./58766/2017bail granted

Md. Habibur Rahman @ Md. Habibur v. The State Of Bihar

2018-03-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58766 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -PRANPUR District- KATIHAR ======================================================

1. Md. Habibur Rahman @ Md. Habibur Son of Mohiruddin Resident of Village- Balu Tola, Kewala Milik, Police Station- Pranpur, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code. Allegation is that the petitioner committed rape against the informant.

Submission of the learned counsel for the petitioner is that the petitioner had purchased a land through registered sale-deed dated 10.11.2009 from the father of the informant vide Annexure-1A to the supplementary affidavit. Subsequently, the cost of the land increased and father of the informant as well as the informant started putting pressure for payment of more consideration money or retransfer of the land. In

Patna High Court Cr.Misc. No.58766 of 2017 (6) dt.06-03-2018 P2/ that wake, the father of the informant lodged Pranpur P.S. Case No.172 of 2011 alleging that the brother of the petitioner has kidnapped to his brother. Later on, the present false complaint case has been filed. Petitioner is in custody since 13.09.2017. Investigation is already complete.

Considering the background of the allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Pranpur P.S. Case No.47 of 2016, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T