Patna High CourtCR. MISC./17013/2017allowed

Zafir Alam @ Md. Zafir @ Md. Jafir v. The State Of Bihar

2017-07-01Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17013 of 2017 Arising Out of PS.Case No. -723 Year- 2014 Thana -FORBESGANJ District- ARRARIA ====================================================== Zafir Alam @ Md. Zafir @ Md. Jajir, son of Sah Masroor, resident of village- Dholbajja, P.S.- Forbesganj, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2017 The petitioner apprehends his arrest in a case registered for the offence under Sections 363, 366A/34 of the Indian Penal Code.

Learned counsel submits that the name of the petitioner for the first time figured in the statement recorded under Section 164 of the Cr.P.C. of the victim girl. The victim girl stated that 6-7 persons including Md. Sahbaz Khan, with whom she later married, and this petitioner raped her. He submits that in the trial, the victim girl has not supported the statement made under Section 164 of the Cr.P.C. and stated that her grand-mother has falsely lodged the present case against the accused persons. It further appears that the victim has already performed marriage with Md. Sahbaz Khan.

In the facts and circumstances of the case, in the

Patna High Court Cr.Misc. No.17013 of 2017 (3) dt.01-07-2017 2/2 event of arrest or surrender before the court below within four weeks from today, the petitioner, above named, be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Araria in connection with S.T. No. 542 of 2015, arising out of Forbesganj P.S. Case no. 723 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J.) Uday/- U T