Rukum v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.13791 of 2015 (2) dt.20-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13791 of 2015 Arising Out of PS.Case No. -1247 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== RUKUM, SON OF LALU MOHAMMAD, RESIDENT OF VILLAGE MOHANPUR, POLICE STATION -BARSOI, DISTRICT -KATIHAR. .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR.

2. TOTO KHATOON @ MANWARI KHATOON, D/O JAIMUL HAQUE RESIDENT OF VILL. - MOHANPUR, P.S. - BARSOI, DISTT. - KATIHAR. (COMPLAINANT).

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint (Protest Petition) Case No. 1247 of 2013 arising out of Barsoi P.S. Case No. 19 of 2013 registered under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that on the basis of Complaint Case No. 3246 of 2012 filed on behalf of the opposite party no. 2 in the court of learned Chief Judicial Magistrate, Katihar on 03.12.2012 regarding the occurrence of rape from Ist week of June, 2012 to 15.07.2012, Barsoi P.S. Case

Patna High Court Cr.Misc. No.13791 of 2015 (2) dt.20-05-2015 No. 19 of 2013 was instituted under Section 376 of the Indian Penal Code against the petitioner, in which, police after investigation submitted the final form finding the case untrue. Thereafter, on the basis of protest petition, Complaint Case No. 1247 of 2013 has been proceeded wherein petitioner has been summoned. It is further submitted that it would appear from the S.A. of the complaint case, opposite party no. 2 was the consented party.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaithar, in connection with Complaint (Protest Petition) Case No. 1247 of 2013 arising out of Barsoi P.S. Case No. 19 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T