Md. Mukaddar Alam @ Md. Mukaddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.353 of 2017 Arising Out of PS.Case No. -96 Year- 2016 Thana -JALALGARH District- PURNIA ======================================================

1. Md. Mukaddar Alam @ Md. Mukaddar, son of Late Nizam, Resident of village - Kohbra, P.S. - Jalalgarh, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nadimul Hasan, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 376 of the Indian Penal Code. The prosecution case, in brief, is that four months earlier the informant was doing work at the dispensary and during that period the petitioner committed rape with the informant at the dispensary.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The allegation of commission of rape is false. There is no medical report to suggest that the victim was pregnant. The F.I.R. has

Patna High Court Cr.Misc. No.353 of 2017 (2) dt.11-01-2017 2/2 been instituted after four months of the occurrence. The delay has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. case No.96 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T