Sohrab @ Sohrab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56503 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ======================================================
1. Sohrab @ Sohrab Alam S/o Kalimuddin @ Kalim Resident of Village - Ajhwa P.S. Jokihat, District - Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Araria (Mahila) PS case no. 37 of 2016 registered for the offences punishable under Section 376D of Indian Penal Code.
The allegation against the petitioner is committing rape with the victim girl and thereafter, fleeing away. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case inasmuch as the medical report would show that there is no evidence of forcibly committing rape with the victim girl. Having regards to the facts and circumstances of
Patna High Court Cr.Misc. No.56503 of 2017 (5) dt.31-01-2018 2/2 the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Araria in connection with Araria (Mahila) PS case no. 37 of 2016 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
It is further directed that petitioner shall appear before the court below on each and every date so fixed and the trial shall be completed within a period of three months from today. In case, the petitioner fails to appear before the concerned trial court as directed above, the present privilege of bail extended to the petitioner would be cancelled automatically and the petitioner would be arrested and put behind bars immediately.