Md. Nawab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22722 of 2015 Arising Out of PS.Case No. -282 Year- 2014 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Md. Nawab S/o Md. Akbar Ansari @ Md. Akbar Resident of Mohalla - Khankah, Makhdumbag, Police Station - Laheri, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Sharma For the Opposite Party/s : Mr. Sunil Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 376 and other sections of the Indian Penal Code.

The prosecutrix alleged that she along with her family members are tenants of the petitioner. The petitioner on the pretext of marriage with her established physical relation but later on the petitioner and his father refused to marry with her. It is submitted that the victim filed complaint case on the basis of which present FIR was lodged. The case diary has been received. The victim was not medically examined nor her statement was recorded under section 164 of the Cr. P.C. Admittedly, the victim is the tenant of the petitioner and she has

Patna High Court Cr.Misc. No.22722 of 2015 (3) dt.17-09-2015 2/2 filed this false case on account of payment of rents. The victim is a major girl but she has not been medically examined. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Laheri P.S. Case No. 282 of 2014. (Prabhat Kumar Jha, J) BKS/- U T