Patna High CourtCR. MISC./55882/2017disposed

Md. Imamuddin v. The State Of Bihar

2017-11-23Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.55882 of 2017 (2) dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55882 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Md. Imamuddin, Son of Md. Siddique, Resident of Village- Baluwa, Police Station- Mahalgaon (Jokihat), District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 The petitioner seeks regular bail in connection with Araria Mahila P.S. Case No. 110 of 2016, registered for offences punishable under Sections 376, 504, 506/34 of Indian Penal Code. Allegation against the petitioner is of committing rape on the informant, promising marriage and, thereafter, she became pregnant and petitioner refused to marry her. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the statement of girl recorded under Section 164 Cr.P.C, in which it has been mentioned that no force was used rather it is a case of consensual sex. Further 164 statement also shows that age of girl has been assessed by the court below as 18 years. Petitioner has been in custody since 06.09.2017.

Patna High Court Cr.Misc. No.55882 of 2017 (2) dt.23-11-2017 Learned counsel for the State opposed the prayer for bail and submitted that the girl is minor as the medical board has assessed her age as fourteen years.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at this stage, I am not inclined to release the petitioner on bail rather this application is disposed of with direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case with an undertaking that he will cooperate in disposal of trial and shall remain present on each and every date except on some genuine reasons.

(Vinod Kumar Sinha, J) sunil/- U T