Patna High CourtCR. MISC./70983/2019allowed

Md. Dilwar Alam @ Md. Dilawar Alam v. The State Of Bihar

2020-01-31Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70983 of 2019 Arising Out of PS. Case No.-34 Year-2012 Thana- KATEYA District- Gopalganj ====================================================== MD. DILWAR ALAM @ MD. DILAWAR ALAM Son of Md. Hasib Resident of Village - VIP Colony, P.S.- Kehat Sahayak, Distt.- Purina. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saghir Ahmad For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 31-01-2020 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Kateya P.S. Case No. 34 of 2012 registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. The present first information report has been lodged after two months of the alleged occurrence, without there being any plausible explanation for the delay. The victim girl, in her statement under section 164 Cr.P.C., has not stated anything against this petitioner. Moreover, the matter has

Patna High Court CR. MISC. No.70983 of 2019(2) dt.31-01-2020 2/2 been compromised between the parties vide Annexure-3. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, 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 Additional Chief Judicial Magistrate, XV, Gopalganj in connection with Kateya P.S. Case No. 34 of 2012 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T