Md. Israque Ahmad @ Md. Israque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52212 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== Md. Israque Ahmad @ Md. Israque S/o Late Samsul Haque R/o VillageMilbahuari, P.S.- Ramnagar, District- West Champaran, at present R/o Ramnagar Idgah, Near Musaque, Kolkata Redimade House, whole Sell, P.S.- Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Upendra Kumar, APP For the informant :

Mr. Vijay Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code.

Allegation is that the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.07.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Prior to institution of the present case, the informant had instituted another case for an offence under Sections 498A/34 of I.P.C and 4 of Dowry Prohibition Act against her

Patna High Court CR. MISC. No.52212 of 2019(2) dt.22-08-2019 2/2 husband and other in-laws including the petitioner. The petitioner was granted bail in the said case. Thereafter the same informant has instituted the present case for the alleged offence. The police after investigation has submitted final form finding the case false against the petitioner. The court has differed with the said report and has taken cognizance.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha, West Champaran in connection with Ramnagar P.S. case No.308 of 2018.

(Sudhir Singh, J) Narendra/- U T