Patna High CourtCR. MISC./5762/2017bail granted

Md. Shaukat And ANR v. State Of Bihar And ANR

2017-02-08Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5762 of 2017 Arising Out of PS.Case No. -963 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Md. Shaukat, son of Md. Sattar, Resident of Raipura, Idgahpar, P.S.- Fatuha, District- Patna.

2. Md. Sakil @ Monou @ Md. Shakeel @ Md. Shakeel Ahmad, son of Md. Nisar @ Md. Netar, Resident of Sadikpur, Gulzarbagh, P.S.- Alamganj, District- Patna.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Afashana Khatoon, wife of Md. Sakeel Ansari, Resident of MohallaShahpur, P.S.- Shahpur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Protest-cum-Complaint Case No. 963 of 2015 arising out Danapur P.S.Case No. 101 of 2014 registered under Sections 366, 376/G, 377, 323, 379 and 504/34 of the Indian Penal Code. The allegation, according to protest-cum-complaint petition, is that these petitioners forcibly dragged the complainant in the car and brought her at Patna and raped her. It is submitted that the police made investigation as per the FIR and found the case false on the basis of tower

Patna High Court Cr.Misc. No.5762 of 2017 (2) dt.08-02-2017 2/2 locations of the mobiles of the accused persons as they were found at another places and complainant is a married lady and at the behest of the brother of the accused due to property dispute with him, this false case has been lodged.

Considering the aforesaid facts and circumstances of the case, let the petitioners, named above, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Protest-cum-Complaint Case No. 963 of 2015 arising out of Danapur P.S.Case No. 101 of 2014; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U