Uzeer Alam @ Wazir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48628 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Uzeer Alam @ Wazir Alam Son of Abdul Haque resident of Village Thauwa para P.s Kishanganj District Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikas Ratan Bharti For the Opposite Party/s : Mr. Smt.Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2016 Supplementary affidavit has been filed, which is kept on record.

Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 49 of 2015 registered for the offences punishable under Sections 376 and 506 of the Indian Penal Code. Allegedly the petitioner committed rape with the complainant/informant.

Submission is of false implication, the occurrence is said to be of 05.07.2015 but the complaint case has been filed on 22.07.2015, the brother of the petitioner has filed Kishanganj P.S. Case No. 256/15 on 06.07.2015 itself and by way of counter blast,

Patna High Court Cr.Misc. No.48628 of 2015 (03) dt.27-01-2016 2/2 this case has been filed with wrong allegation but now due to intervening of well-wishers, the case has been compromised and the compromise petition has also been filed.

The learned A.P.P. opposes the prayer of bail by submitting that there is serious allegation against the petitioner. In the facts and circumstances stated above, considering the allegation, this Court is not inclined to enlarge the petitioner on bail at this stage and accordingly, such prayer stands rejected.

However, the petitioner may renew his prayer for bail after examination of the victim/informant during trial. The learned court below is directed to take all positive steps so that trial be started and concluded at the earliest. (Jitendra Mohan Sharma, J) sushma/- U T