Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53155 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ==================================================== Shamim Akhtar son of Sabed Ali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Gulnar Begum(App) ==================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 24-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner is in jail custody since 05.06.2015 in a case registered for the offences punishable under Sections 323/341/376/ 504/506 of the Indian Penal Code.

It appears from the perusal of the First Information Report that informant was ex-wife of the petitioner and two years prior to the alleged occurrence petitioner had divorced her but allegedly on the alleged date of occurrence, he committed rape on her. The submission on behalf of the petitioner is that there was some dispute between petitioner and the informant on the point of some property and as a matter of fact, the informant went in the clutches of enemies of petitioner and after that she lodged the present case but subsequently, when she realized her fault, she

Patna High Court Cr.Misc. No.53155 of 2015 (2) dt.24-11-2015 P2/2 filed a petition before the Court below disclosing the real fact. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Chief Judicial Magistrate, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 36 of 2015.

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