Patna High CourtCR. MISC./193/2018bail granted

Anzar Alam v. The State Of Bihar

2018-01-15Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.193 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.193 of 2018 Arising Out of PS.Case No. -19 Year- 2013 Thana -MAHILA P.S. District- PURNIA ======================================================

1. Anzar Alam, Son of Haji Mohammad Muslim @ Salim, Resident of Village- Baisa, P.S.- Rauta, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No.19 of 2013 registered under Section 376 and other Sections of the Indian Penal Code.

The informant filed complaint case No.1019 of 2013 which was sent to the police station under Section 156(3) Cr.P.C. for institution and investigation. The informant made allegation of rape against the petitioner but it is submitted that police after investigation submitted final form finding the case false against the petitioner. The learned C.J.M. took cognizance differing with the findings of the investigating officer.

Considering the facts that the investigating officer found the case false against the petitioner but the learned C.J.M.

Patna High Court Cr.Misc. No.193 of 2018 (2) dt.15-01-2018 took cognizance, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond 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 Mahila P.S. Case No.19 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T