Md Afaque Alam @ Md Afaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62415 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- MAHILA P.S. District- Purnia ====================================================== Md Afaque Alam @ Md Afaque Son Of Md Touhid @ Tauhid Alam Resident Of Village- Bhameth, Ps- Bhawanipur, Distt- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the State :

Mr. Mukesh Kumar Singh, APP For the Informant :

Mr. Md. Fazle Karim with Mr. Kuldeep Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 379, 376, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner is of committing rape upon the informant, when she went to attend call of nature. It is further alleged that the accused persons went to the house of informant and assaulted her family members.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that victim is a major and married lady and during investigation several independent

Patna High Court CR. MISC. No.62415 of 2023(3) dt.18-12-2023 2/2 witnesses have not supported the prosecution case, which has come in vide paras- 17, 18, 19 and 20 of the case diary. There has been delay of about one and a half month in lodging the FIR. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 30.05.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that the victim has supported the prosecution case in her statement recorded u/s 164 of the Cr.P.C.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Mahila P.S. Case No. 54 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T