Patna High CourtCR. MISC./50805/2016bail granted

Sabar Alam v. The State Of Bihar

2016-11-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50805 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Sabar Alam S/o Afsar Alam @ Hirwa @ Ratwa, Resident of Bochagari Banktoli, P.S.- Bahadurganj, District Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 376, 341, 323, 504 and 506/34 of the Indian Penal Code.

Allegation is that the petitioner committed rape with the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been examined under Section 164 Cr.P.C. where she has admitted the marriage with the petitioner and she is residing

Patna High Court Cr.Misc. No.50805 of 2016 (2) dt.28-11-2016 2/2 with him. She has not supported the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. case No.36 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T