Patna High CourtCR. MISC./44905/2023bail granted

Aslam Parweez @ Aslam v. The State Of Bihar

2023-08-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44905 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- RAUTA District- Purnia ====================================================== 1.

ASLAM PARWEEZ @ ASLAM Son of Late Jamaiunddin Resident of Village - Khatatoli, Police Station - Rauta, District - Purnea. 2.

Md. Hasan @ Hasan Son of Late Jamaiunddin Resident of Village - Khatatoli, Police Station - Rauta, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-08-2023 Heard the learned counsel for the petitioners as well as Mr. Shailendra Kumar, the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Rauta P.S. Case No. 49 of 2022, registered for the offences punishable under Sections 341, 376, 504, 506/34 of the Indian Penal Code.

3. As per FIR, on 11.04.2022 at about 11:00 P.M., coaccused Akmal entered into the house of the informant, closed the door after wrapping the cloth on her mouth and forcibly committed rape on her.

4. The learned counsel for the petitioner has submitted that the allegation of commission is rape is against co-accused

Patna High Court CR. MISC. No.44905 of 2023(2) dt.04-08-2023 2/2 Md. Akmal. The petitioners have falsely been implicated in this case merely because they are family members of Md. Akmal. There is only allegation against the petitioners that they abused the victim when she went to complain the matter to them.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. It appears that the petitioners are the family members of Md. Akmal against whom there is the allegation of rape and the petitioners are the persons of clean antecedents.

7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Rauta P.S. Case No. 49 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Sudha/MaheshU T