Haroon @ Md Haroon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55458 of 2023 Arising Out of PS. Case No.-54 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== Haroon @ Md Haroon S/O Late Mohsim @ Mosim R/O Village- Uda, Ward No. 05, Ps. Jokihat (MAHALGAON), Dist. Araria ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 447, 376(D), 504, 506/34 of the Indian Penal Code.

It is alleged against the petitioner that petitioner and co-accused Md. Sajjad had established forceful physical relationship with the informant while she was alone in her house.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.55458 of 2023(3) dt.20-09-2023 2/3 been implicated in this case. For the alleged occurrence of 08.05.2021, the F.I.R was registered on 12.05.2021 without explaining the delay. It is further submitted that co-accused Md. Sajjad being uncle-in-law of the informant is aged about 70 years and even unable to do his daily routine life. The petitioner himself is cousin of the husband of the informant and he has been roped in the present case in the background of previous land dispute. The police, after investigation did not submitted charge-sheet against the petitioner under Section 376(D) of the Indian Penal Code. At earlier point of time, the husband of the informant committed rape upon the minor daughter of Md. Sajjad for which Mahila P.S. Case No. 53 of 2021 was registered against him. Hence, in order to put pressure, this false case has been registered against the petitioner and Md. Sajjad. The petitioner is languishing in custody since 05.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.55458 of 2023(3) dt.20-09-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vth, Araria in connection with Mahila P.S. Case No. 54 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T