Harun Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23112 of 2018 Arising Out of PS. Case No.-26 Year-2017 Thana- MAHILA P.S. District- Kishanganj ====================================================== Harun Rashid, Son of Noor Islam, R/o Village- Gachhpara, P.S.- Kishanganj, District- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bajarangi Lal For the Opposite Party/s :

Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Kishanganj Mahila P.S.Case No. 26 of 2017 registered under Sections 323 and 376/34 of the Indian penal Code.

Allegation in brief is that petitioner called the prosecutrix in a cow shed in the night and committed rape and later on petitioner agreed to marry but ultimately he refused, thereafter case was instituted.

It is contended that petitioner is cousin of the prosecutrix and she wanted to marry with him and so this false case was instituted, however, allegation of committing rape is two months prior to institution of the FIR and the petitioner is in custody since 06.12.2017.

Having considered the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.23112 of 2018(2) dt.19-04-2018 2/2 the petitioner, namely , Harun Rashid, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-I, Kishanganj in connection with Kishanganj Mahila P.S. Case No. 26 of 2017. (Arun Kumar, J) sujit/- U T