Nur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55014 of 2023 Arising Out of PS. Case No.-512 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Nur Alam S/O Md. Khabiruddin R/O Village- Kathautiya, Kaliganj, Ps.Manihari, Dist. Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner, complainant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 342 of the Indian Penal Code.

It is alleged against the petitioner that he committed rape upon the complainant who is daughter-in-law of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.55014 of 2023(4) dt.17-10-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 11.03.2022, F.I.R was registered on 22.03.2022 without explaining the delay. There is no eye witness to the occurrence. The husband and mother-in-law of the complainant has also been made accused in this case which suggests that a concocted and false story has been planted against her in-laws by the complainant. The petitioner is languishing in custody since 15.06.2023.

In contra, learned counsel appearing on behalf of the complainant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner.

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 Judicial

Patna High Court CR. MISC. No.55014 of 2023(4) dt.17-10-2023 3/3 Magistrate, 1st Class, Katihar in connection with Complaint Case No. 512 of 2022.

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