Md. Rajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7959 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -KODHA District- KATIHAR ======================================================

1. Md. Rajan, Son of SK Taslim, resident of village - Sisiya, P.S. Korha, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 The petitioner is in custody since 05.11.2016 in connection with Korha P.S. Case No. 25 of 2016, registered for offences punishable under Sections 147, 149, 376, 307, 323, 452/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that entire allegation against the petitioner is false and concocted one and the falsity of the case will appear from the perusal of the F.I.R. itself that the informant has made allegations of rape against all family members including ladies members. Learned counsel for the petitioner has drawn the attention of this Court to annexure -3, which is a petition filed by the informant stating that she wants to resolve the dispute with the petitioner. Petitioenr has been in judicial custody since 05.11.2016.

Patna High Court Cr.Misc. No.7959 of 2017 (2) dt.22-02-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the fact stated in annexure -2 and the petitioner happens to be the bhabhi (sister-inlaw) of the deceased and as she has filed a petition to resolve the dispute with petitioner, let petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Karihar, in connection with Korha P.S. Case No. 25 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.7959 of 2017 (2) dt.22-02-2017 3/3 prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U