Md. Wahid v. The State Of Bihar

Patna High Court Cr.Misc. No.57417 of 2015 (3) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57417 of 2015 Arising Out of PS.Case No. -512 Year- 2015 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Wahid, S/o Gulam Mohammad, village- Haldia, P.S.- Smraha, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bishwajeet Singh, Advocate For the Opposite Party : Mr. Uday Chandra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Forbesganj (Simraha) P.S. Case No. 512 of 2015 for the offences instituted under Sections 376, 504 and 506 of the IPC. As per the prosecution case, it is a case of rape upon the informant's wife by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner and the informant are next door neighbours. There is admitted land dispute between the parties. The alleged occurrence is said to have taken place on 03.07.2015 but the case was instituted on 24.09.2015. There is no medical examination report to support the allegations

Patna High Court Cr.Misc. No.57417 of 2015 (3) dt.08-03-2016 made in the FIR.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Forbesganj (Simraha) P.S. Case No. 512 of 2015/GR No.2897 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T