Rahul Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71491 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BARARI District- Katihar ====================================================== RAHUL ALAM Son of Shamshul Miyan @ Md. Samsul Resident of VillageKabar Kothi Hansi Tola, P.S.-Barari, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2019 Heard both sides.

The petitioner seeks bail in Barari P.S. Case No.18 of 2019 registered under Sections 376 and 506 of the Indian Penal Code.

The victim filed complaint case No.1657 of 2018 on 23.07.2018 on the basis of which the present F.I.R. was registered on 14.01.2019. The victim alleged that petitioner allured her to solemnized marriage. On 15.06.2018, the petitioner entered into her house and committed rape with her. The petitioner assured the informant to marry with her within ten days. When the informant inquired about the date of marriage, the petitioner refused to solemnized marriage and assaulted her.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.71491 of 2019(3) dt.11-12-2019 2/2 police after investigation submitted chargesheet under Section 342, 354(A) and 354(B) of the Indian penal Code. The accusation under Section 376 of the Indian Penal Code is found false. Petitioner is in jail since 17.08.2019. The petitioner has remained in jail for about four months. It is further submitted that only to pressurize the petitioner to solemnize marriage, the victim filed this case.

Considering the facts aforesaid and nature of allegation made against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. V, Katihar in connection with Barari P.S. Case No.18 of 2019. (Prabhat Kumar Jha, J) Saurabh/- U T