Md. Shabban v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44882 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Md. Shabban S/O Md. Sadrul Resident of Village- Khakharua, P.SBakhri District Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 376/511 and 366/34 of the Indian Penal Code.
The prosecution case is that the informant, while returning from the field, was surrounded by the three accused persons including the petitioner. This petitioner pulled the informnt's dupatta and caught hold of her whereas co accused Md. Abdul and Md. Hashmat pressed her mouth when alarm was raised then the neighbours and the sister of the informant came to rescue, thereafter the accused persons escaped from the scene. When the
Patna High Court Cr.Misc. No.44882 of 2015 (3) dt.02-11-2015 2/3 informant tried to inform the police, the father of petitioner threatened her as a result, she could not inform the police.
It is submitted by the learned counsel for the petitioner that for the occurrence of 12.2.2014 the FIR was registered on 17.2.2014 and the victim was not medically examined. It is further submitted that even assuming the accusation, no case under sections 376/511 or 366/34 IPC is made out. In 164 Cr.P.C. statement the informant got her age recorded as 19 years when the court assessed her age as 20 years where she stated that she was not aware about the factum of accusation as the FIR was drafted by an advocate and she does not want to pursue the litigation. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the delayed lodging of the FIR and the statement of the victim under section 164 Cr.P.C., let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.44882 of 2015 (3) dt.02-11-2015 3/3 learned CJM, Begusarai in connection with Bakhri P.S. Case No.56 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T