Patna High CourtCR. MISC./41402/2017bail granted

Jalal @ Md. Jalal v. The State Of Bihar

2017-09-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41402 of 2017 Arising Out of PS.Case No. -317 Year- 2016 Thana -KADWA District- KATIHAR ====================================================== Jalal @ Md. Jalal, Son of Samed, R/o Village- Gairiya, P.S.- Kadwa, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abdul Wadood, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.06.2017 on his surrender in connection with Kadwa P.S. Case No.317 of 2016 (G.R. No.4742 of 2016) registered for the offence under Sections 376, 342 and 323 of the Indian Penal Code. Learned counsel for the petitioner submits that there is delay in lodging of the complaint case and, in fact, the same is counterblast to the case filed by the petitioner's brother against the father of the informant. It is further submitted that though the incident is of 14.11.2016, the victim girl has been placed for medical examination on 21.03.2017 where her age has been determined to be 19 years.

Patna High Court Cr.Misc. No.41402 of 2017 (2) dt.21-09-2017 2/2 Considering the fact that the entire case has been filed without placing the victim girl/informant for immediate medical examination and also because the petitioner is having no criminal antecedents and has himself surrendered before the court below, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Katihar, in connection with Kadwa P.S. Case No.317 of 2016 (G.R. No.4742 of 2016).

(Anjana Mishra, J) PNM U T