Patna High CourtCR. MISC./45883/2019bail granted

Rizwan Ahmad v. The State Of Bihar

2019-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45883 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- MANIHARI District- Katihar ====================================================== RIZWAN AHMAD Son of Sabbir Ahmad, Resident of Village - Narayanpur, P.S.- Manihari, Dist.- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. The prosecution allegation in short is that the accused person entered into the house of the informant forcibly committed rape on her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The alleged date of occurrence is 30.12.2018 and the case was instituted on 4.1.2019. The delay has not been explained by the prosecution. In the medical

Patna High Court CR. MISC. No.45883 of 2019(2) dt.24-07-2019 2/2 report, following is the finding of the doctor: "No mark of injury on her body. No mark of injury in around her private part. Hymen old form veg loose vag swob taken and sent for path test. According to pathologists, Dr. R. Suman Spermatozoa not found. Hence I can cay that she has been used for sexual inter course since some time."

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Manihari P.S. Case No. 3/2019.

(Sudhir Singh, J) Pankaj/- U T