Md. Israque Ahmad @ Md. Israque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46582 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== Md. Israque Ahmad @ Md. Israque S/o Late Samsul Haque R/o villageMilbahuari, P.S.- Ramnagar, District- West Champaran, at present R/o Ramnagar Idgah, Near Musaque, Kolkata Redimade House, whole Sell, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Ramnagar P.S. Case No. 308 of 2018, registered under Section 376 of the Indian Penal Code.

The allegation against the petitioner, as per the FIR, is that marriage of the informant was solemnized in the year 2016 along with one Mohd. Parvez Alam. It has further been alleged that the petitioner (Md. Israque Ahmad @ Md. Israque) used to tease the informant and on 19.10.2018 at about 06:00 PM the petitioner arrived at the informant's rented house with vegetable, where the informant was cooking, having found the informant alone, the petitioner committed rape upon her.

Patna High Court CR. MISC. No.46582 of 2019(2) dt.29-07-2019 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous enmity inasmuch as earlier also the informant had lodged Ramnagar P.S. Case No. 33 of 2018 under Section 498A/34 of the Indian Penal Code and under Section 4 of Dowry Prohibition Act, in which the petitioner has already been granted bail and he was again implicated in the present case. He further submits that police after investigation, submitted final form, finding the present case untrue. However, the learned court below differed with the final report and took cognizance of the offence against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that the police has submitted final report after investigation, petitioner is Bhainsur and there appears to be previous enmity, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate,

Patna High Court CR. MISC. No.46582 of 2019(2) dt.29-07-2019 3/3 Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 308 of 2018; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T