Md. Alijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19333 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SIMRIBAZAR District- Darbhanga ====================================================== Md. Alijan, Son of Md. Md. Jan, resident of Village- Doghara, Police Station- Jalley, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mazharul Hassan For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 376 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner had always bad intention upon the informant and also developed sexual intercourse upon her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.2.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From bare perusal of the F.I.R itself, it is evident that no offence under Section 376 I.P.C. is made out. Same is superficial in nature. There is no allegation in

Patna High Court Cr.Misc. No.19333 of 2018(3) dt.01-05-2018 2/2 respect of commission of rape. The allegation against the petitioner is that he misbehaved with the victim. At best it would be a case for offence under Section 354 I.P.C. Other offences are triable by the Magistrate. The alleged date of occurrene is 28.12.2017. F.I.R. has been instituted on 04.02.2018. Delay has not been explained by the prosecution. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/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 Chief Judicial Magistrate, Darbhanga in connection with Simri P.S. case No.12 of 2018.

(Sudhir Singh, J) Narendra/- U T