Md. Equbal v. The State Of Bihar

Patna High Court Cr.Misc. No.32956 of 2015 (4) dt.01-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32956 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Md. Equbal Son of Md. Wasil Resident of Village - Domariya, Khair Tola, Police Station - Raniganj, District - Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zeyaul Hoda For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 87 of 2015 registered for the offences punishable under Sections 376 and 313 of the Indian Penal Code. Learned counsel for the petitioner submits that false and malicious allegation has been levelled against the petitioner that he entered into sexual relation with the victim girl on having assured to marry her, however, when she became pregnant the petitioner administered some medicine to abort her. It is further submitted that since there was history of litigation between the two families, the present case has been lodged only to put pressure upon the family of the petitioner. It is further submitted that the

Patna High Court Cr.Misc. No.32956 of 2015 (4) dt.01-12-2015 medical report annexed to the supplementary affidavit does not indicate any abortion. It is further submitted that the victim girl is major aged about 18-20 years.

Learned counsel for the State on perusal of the case diary submits that the allegation, made out against the petitioner, is serious in nature and there have some panchayti with regard to marriage between the parties but the petitioner was unwilling to accept the said panchayti.

Considering the nature of allegation made against the petitioner and also the fact that there is no cogent material in the case diary to implicate the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class Araria in connection with Raniganj P.S. Case No. 87 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T