Md. Shahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58954 of 2019 Arising Out of PS. Case No.-688 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== MD. SHAHID ALAM Son of Jaliluddin Resident of Village - Bishanpur, Pachim Tola, P.S.- Kochadhaman, District - Kishanganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Suhani Begum Daughter of Habib Alam Resident of Village - Bishanpur, Pachim Tola, P.S.- Kochadhaman, District - Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.C 688 of 2018 registered under Section 376 of the Indian Penal Code.

The accusation is that in the evening of 01.09.2018, when the complainant/opposite party no.2 along with Sakerun had gone to attend the call of nature, this petitioner caught hold the complainant/opposite party no.2 from behind and committed rape on her.

Learned counsel for the petitioner submits that, in fact, the complainant/opposite party no.2 is married lady and

Patna High Court CR. MISC. No.58954 of 2019(2) dt.18-09-2019 2/2 she has two children but due to dirty village politics, the petitioner has falsely been implicated in this case only to put undue pressure upon him. While the occurrence is said to be of 01.09.2018 but the complaint case has been filed by the complainant/opposite party no.2 on 07.09.2018, i.e., after six days of the occurrence.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No.C 688 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T