Abdul Zohar @ Gudha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38966 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ====================================================== Abdul Zohar @ Gudha son of late Mannan resident of village - Lahna (Chatra Tola), Panchayat Kamaldaha, Police Station & District - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria (Mahila) P.S. Case No.33 of 2015 registered under Section 376/34 of the Indian Penal Code.

The accusation is that before one year petitioner entered into the house of the informant and committed rape and on raising hulla, the petitioner fled away from there. In that course, she conceived pregnancy and since then one year has elapsed waiting the marriage with him.

Learned counsel appearing on behalf of the petitioner submits that in fact, petitioner has falsely been implicated in this case with ulterior motive and due to refusal of

Patna High Court Cr.Misc. No.38966 of 2016 (2) dt.06-10-2016 2/2 marriage with the informant.

Having considered the facts and circumstances of the case, 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 S.D.J.M., Araria in connection with Araria (Mahila) P.S. Case No. 33 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T