Patna High CourtCR. MISC./57847/2015bail granted

Md. Siddique v. State Of Bihar And ANR

2016-03-09Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.57847 of 2015 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57847 of 2015 Arising Out of PS.Case No. -119 Year- 2015 Thana -JALALGARH District- PURNIA ====================================================== Md. Siddique Son of late Rustam @Bokai Resident of Village- Ghaski, P.s Jalalgarh, District Purnea.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Nazmin Daughter of late Ashik Navi Resident of Village- Ghaski, P.s Jalalgarh, District Purnea.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Amit Kumar Anand, Advocate For the Opposite Parties : Mr. Sanjay Kr.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jalalgarh P.S. Case No. 119 of 2015 for the offences instituted under Sections 376 and 323 of the IPC. As per the prosecution case, it is a case of rape upon the complainant by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. From perusal of the FIR/complaint, it is evident that the alleged date of occurrence is said to be 22.04.2015 but the complaint was filed on 11.08.2015. No explanation in respect to delay has been made. There is no

Patna High Court Cr.Misc. No.57847 of 2015 (2) dt.09-03-2016 medical examination report of the doctor to support the allegations made by the complainant. The present case has been instituted against the petitioner with an intention to blackmail the petitioner. There is admitted land dispute between the parties. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R/complaint.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Jalalgarh P.S. Case No. 119 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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