Ikramul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43304 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Ikramul Haque, Son of Haji Abdul Rahman, resident of Village- Haldaban, Police Station- Dighalbank in the district of Kishanganj. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vijay Kumar, Advocate For the State : Mr. Md.Fahimuddin, APP For the informant : Mr. Diwakar Sinha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 28-04-2016 I have heard learned counsel for the petitioner, the State and the informant.
The petitioner apprehends his arrest in a case registered for offences punishable under Sections 225, 376/34 of the Indian Penal Code.
It is contended on behalf of petitioner that the whole story is concocted one only to pressurize the petitioner to marry the complainant. It is urged that the complainant itself reveals that she is referring to an occurrence of rape which was allegedly committed three months back. There is no answer as to why immediately no first information report was lodged after she was subjected to such type of criminal offence. It is further intriguing as to why she will wait for three months for some panchaiyati to be done forcing the accused to marry her though she has been
Patna High Court Cr.Misc. No.43304 of 2015 (13) dt.28-04-2016 2/3 raped by her. It is urged that this is further intriguing that she has disclosed her age to be 16 years in the complaint case whereas in the statement recorded under Section 164 of Code of Criminal Procedure she has stated her age to be 20 years. It is further contended that in 164 Cr.P.C. statement she has not stated as to why there was delay in approaching for a remedy and only a wild allegation has been made that the petitioner is threatening her. Obviously since delay of three months in filing the complaint case there, medical report, after such a long period has revealed nothing indicating rape committed upon her.
Learned counsel submits that it is intriguing that the victim girl waited for three months to file the complaint petition on the promise given by the rapist and his family member that the petitioner would marry with her. Thus, it is contended by the petitioner that the entire story is cock and bull story for the purpose of forcing the petitioner to some how marry the petitioner with the complainant. Learned counsel appearing for the informant has submitted that delay was due to panchayati but he does not have answer as to why the victim was interested in marrying a rapist.
Patna High Court Cr.Misc. No.43304 of 2015 (13) dt.28-04-2016 3/3 statement recorded under section 164 Cr.P.C. rather in the statement under section 164 Cr.P.C. the panchayati issue has given a go by by the victim.
Having regard to the facts and circumstances of the case, let the petitioner, namely, Ikramul Haque be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Kishanganj Mahila P.S. Case No. 35 of 2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Kishanganj, subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. However, this is made clear that observations, if any, made in this case is only for the purpose of considering the petitioner's prayer for grant of bail. While proceeding with the trial, the court concerned would be required to proceed in accordance with law without being prejudiced by any observation made by this Court in the present order.
(Dr. Ravi Ranjan, J) Spd/- U T