Md. Rehan @ Rehan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22577 of 2016 Arising Out of PS.Case No. -473 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Md. Rehan @ Rehan S/o. Idrish, Resident of Village- Islampur, D.S.College, P.S. & District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Katihar Town P.S. Case No. 473/2015, G.R. No. 2142/2015 registered for the offences punishable under Sections 366, 376, 379/34 of the Indian Penal Code.

This case has been registered on the basis of complaint petition wherein it is alleged that complainant was brought at Sultanganj where co-accused Md. Sahid committed rape with her and the petitioner assisted Md. Sahid and further obtained her signature and got a paper of Nikahnama. It is further alleged that she was brought at other places where Md. Sahid used to commit rape with her. It is also alleged that Md. Sahid, petitioner and Md.

Patna High Court Cr.Misc. No.22577 of 2016 (3) dt.12-07-2016 2/3 Manzoor demanded Rs. 1,00,000/- from brother of the complainant.

Submission is of false implication and that complaint case has been lodged after much delay, there is no legal and cogent material against the petitioner, the main allegation is against co-accused Md. Sahid. The petitioner without any fault is suffering in custody since 03.04.2016. Charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned A.P.P. submits that the victim in her statement recorded under Section 164 Cr. P.C. has stated the name of petitioner also regarding in her kidnapping.

In the facts and circumstances stated above and considering that petitioner is not the main accused , the petitioner above-named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 473/2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the

Patna High Court Cr.Misc. No.22577 of 2016 (3) dt.12-07-2016 3/3 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Vinita/- U T