Imran Alam @ Imran Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44576 of 2018 Arising Out of PS.Case No. -2858 Year- 2008 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Imran Alam @ Imran Khan Son of Mojibur Rahman resident of Pagla P.S. Routa, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Samsira Begum D/o Md. Tajuddin resident of Pagla P.S. Routa, District Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with C.A. No. 2858 of 2008 registered for offences punishable under Section 376 of the IPC.

Allegation against the petitioner is of committing rape upon the informant.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case due to village politics and it is really looks absurd that the complainant had raped in the house of her own uncle at 11 A.M. and complainant is major and she appears to be consenting party and there is seventeen days delay in lodging the F.I.R. and moreover, both the parties have settled the dispute, which will appear from

Patna High Court Cr.Misc. No.44576 of 2018 (4) dt.04-09-2018 2/2 Annexure-3. It has also been pointed out that the petitioner is in custody since 07.06.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar, Learned Judicial Magistrate, Purnea in connection with C.A. No. 2858 of 2008, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T