Md. Jahir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84045 of 2023 Arising Out of PS. Case No.-326 Year-2023 Thana- KASBA District- Purnia ====================================================== Md. Jahir Son Of Md. Abul Talib @ Md. Talib @ Abu Niwas Resident Of Village- Ghogha, P.S. Kasba, District- Purnea ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 379, 376 of Indian Penal Code.
3. The allegation against the petitioner is of committing rape upon the informant forcefully.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There has been delay in lodging the FIR. The victim is a wedded and major lady. He submitted that the petitioner deals in buying and selling fish and he buys fish from father-in-law of the informant and sells it outside and he paid Rs. 25,000/- in advance, but
Patna High Court CR. MISC. No.84045 of 2023(3) dt.06-02-2024 2/2 instead of giving money, the victim's father-in-law falsely implicated the petitioner. He further submitted that the Medical report has not supported the prosecution case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Session Judge, Purnea in connection with Kasba P.S. Case No. 326 of 2023. (Sunil Kumar Panwar, J) Arish/- U T