Sk. Munna @ Shekh Munna @ Naushad Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18228 of 2015 Arising Out of PS.Case No. -142 Year- 2014 Thana -SIKARPUR District- WEST CHAMPARAN (BETTIAH) ====================================================== Sk. Munna @ Shekh Munna @ Naushad Ahmad, son of Sk. Tahkir Alam @ Tauquir Ahmad, Resident of Village-Nautanwa P.S.- Shikarpur, DistrictWest Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh, Advocate For the Opposite Party/s : Mr. C. Sen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Shikarpur P.S. Case No. 142 of 2014 registered under Sections 323, 376 and 504 of the Indian Penal Code. It is contended that initially a complaint was filed on 17.05.2014 for an alleged occurrence of rape which took place on 07.05.2014. The complainant is aged about 18 years. She is a co-villager of the petitioner. She has herself stated that after 07.05.2014 she went together with the petitioner to Narkatiaganj and some other places and, thereafter, when the petitioner refused to marry her, she instituted the complaint.

Patna High Court Cr.Misc. No.18228 of 2015 (2) dt.09-09-2015 2 / 2 It has been submitted that the petitioner, a student of engineering, is studying at Bhopal. The complainant/informant wanted to marry him but the petitioner and his family members were not agreeable to the proposal and, as such, a false and concocted case has been instituted. It is also submitted that the medical report of the victim does not corroborate the allegation made in the complaint.

Learned counsel for the State has opposed the prayer for anticipatory bail.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of eight weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in Shikarpur P.S. Case No. 142 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T