Patna High CourtCR. MISC./47315/2016bail granted

Md. Alam @ Perwez Alam v. The State Of Bihar

2017-01-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47315 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ====================================================== Md. Alam @ Perwez Alam Son of Md. Hasan Resident of VillageSisouna, Police Station- Araria, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code. It is alleged that petitioner committed rape on informant but submission on behalf of the petitioner is that in course of investigation, witnesses vide paragraphs no. 16 and 17 disclosed that there was illicit relation between petitioner and informant. Furthermore, some witnesses disclosed that informant had taken loan from the petitioner and a Panchayati was held when informant failed to return the aforesaid loan. However, the witnesses also stated that on the alleged date of night petitioner had gone to the house of the informant with an intent to establish

Patna High Court Cr.Misc. No.47315 of 2016 (3) dt.11-01-2017 2/2 sexual relation with informant but when informant refused to oblige, the petitioner assaulted her and thereafter, the informant lodged the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner 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 Sub Divisional Judicial Magistrate, Araria in connection with Araria (Mahila) P.S. Case No. 18 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T