Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2020 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -KORHA District- KATIHAR ====================================================== Md. Kalam S/o Murshid Alam Resident of Village - Musapur Merghi Tola; P.S. - Korha, District - Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anshuman Jaipuriyar For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 20.11.2014 in a case registered for the offences punishable under Section 376 of the Indian Penal Code.

The accusation is of establishing forceful physical relationship with the informant on 20.06.2014. It is submitted by learned counsel for the petitioner that for the occurrence of 20.06.2014 the complaint was filed on 18.07.2014 which came to be registered as police case on 02.09.2014. It is further submitted that since the daughter of the petitioner lodged case against her husband and father-in-law making accusation under Section 498A of the IPC, hence, the

Patna High Court Cr.Misc. No.2020 of 2015 (02) dt.19-01-2015 2/2 husband of the daughter of the petitioner has set up the present informant to file the present case. It is also submitted that the victim was not medically examined till date. Moreover, from the accusation the case under Section 376 of the IPC is not made out, it only suggests the attempt to commit rape.

A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, be released on 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, Katihar in connection with Korha P.S. Case No. 157 of 2014. (Dinesh Kumar Singh, J) DKS/- U T