Patna High CourtCR. MISC./70719/2019bail granted

Md. Firoz v. The State Of Bihar

2020-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70719 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- RAUTARA District- Katihar ====================================================== MD. FIROZ Son of Md. Zamal Resident of Village - Bhodu Tola, Chanpi, P.S.- Rautara, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 The petitioner seeks regular bail in connection with Rautara P.S. Case No. 08/2019, registered for offences punishable under Section376/34 of the Indian Penal Code. Allegation as per complaint petition, on the basis of which, F.I.R. has been registered is that the petitioner said to have committed rape upon the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and the police after investigation has not found the case true, however, on protest, cognizance has been taken by learned Magistrate. Further submission is that the complainant - informant is in habit of filing false cases as earlier also, she has filed a case against the petitioner and further she has also filed a case against her husband. Moreover, petitioner has been in custody for last seven

Patna High Court CR. MISC. No.70719 of 2019(3) dt.10-01-2020 2/2 months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above submissions, this application is allowed. Let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Katihar, in connection with Rautara P.S. Case No. 08/2019, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T