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Judgments of Supreme Court of India and High Courts

Md. Alijan vs The State Of Bihar on 1 May, 2018

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
The State of Bihar.

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Mazharul Hassan
For the Opposite Party/s : Mr. Bharat Lal


3 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

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)


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