Jan Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71534 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MAHILA PS District- Katihar ====================================================== Jan Mohammad S/O Abdul Jabbar @ Jabbar Ali Resident Of Village- Hajipur Shershah Chowk, P.S.- Muffasil, District- Katihar. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, Addl. Public Prosecutor For the informant :

Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in a case registered for the offence punishable under section 376 of the Indian Penal Code.

It is alleged on 17.08.2022 at 11.30 P.M, while informant was sleeping with her son aged about one and four months and her sister Nishad Praveen in her house, then Mohammad came and slept by her side and forcibly committed rape with her. It is further alleged that earlier she was married with Mohammad but later due to his nefarious activity she took divorce from him and then she married to Md. Wajir and also took divorced from him.

Learned counsel for the petitioner submits that the occurrence allegedly took place on the night of 17.08.2022 but there was 20 days delay in lodging the FIR and there is no explanation about the delay. The falsity of the present case is

Patna High Court CR. MISC. No.71534 of 2022(3) dt.11-04-2023 2/2 more evident from the facts that similar allegation was levelled by the informant earlier in a complaint case filed in the Court of Learned chief judicial Magistrate, Kathihar filed Complaint Case No. 623 of 2020 against this petitioner, his father and brother under section 376/406/323/504/506/34 of the IPC. The informant is aged about 22 years and had admitted to have filed this case with intent to marry with the petitioner in her statement U/S 164 of Cr.P.C.

Learned counsel for the State and the informant opposed the bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Katihar in connection with Mahila P.S. case no. 18 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T