Md. Imtiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58650 of 2019 Arising Out of PS. Case No.-41 Year-2017 Thana- MAHILA P.S. District- Araria ====================================================== MD. IMTIYAZ ALAM Son of Late Hasib Resident of Village- Masuria Tola, Khikhermani, Police Station- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376, 313, 504/34 of the Indian Penal Code. Allegation is that on the pretext of marriage the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.06.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical examination report of the victim on record to support the allegations made in the F.I.R. As per F.I.R., on the pretext of marriage physical relationship

Patna High Court CR. MISC. No.58650 of 2019(3) dt.16-11-2019 2/2 was established between the petitioner and the informant. It is a case of consensual sex. No offence of rape is made out. Counsel for the petitioner has placed reliance of a case of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors.).

On behalf of the State, it is 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 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Araria Mahila P.S. case No.41 of 2017.

(Sudhir Singh, J) Narendra/- U T