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Md Sarfaraz @ Sarfaraz vs The State Of Bihar on 27 November, 2019

Arising Out of PS. Case No.-165 Year-2019 Thana- CHHATAPUR District- Supaul

Md Sarfaraz @ Sarfaraz Son of Md. Sadik Alam @ Md. Sadik Mian,
Resident of Village- Mohaddipur, P.S.- Chhatapur, District- Supaul.

… … Petitioner
1. The State of Bihar
2. Afsana Khatoon D/o Md. Abbas, Resident of Hariharpur, Ward No.12, P.S.-
Chhatapur, District- Supaul.

… … Opposite Parties

Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Mr.Ashraf Ansari, APP
For the O. P. no. 2 : Mr.Nafisuzzoha, Advocate


3 27-11-2019 Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel representing the


The petitioner in the present case is seeking regular

bail in connection with with Chhatapur P.S. Case No. 165 of

2019 registered for the offences punishable under Sections 376,

341, 323, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to be in custody since


According to the allegations made in the first

information report, this petitioner visited her house on

23.06.2019 at 10:30 a.m. while she was alone and told her that
Patna High Court CR. MISC. No.59780 of 2019(3) dt.27-11-2019

her mother had become unconscious while working in the field.

On this information the informant accompanied said Sarfaraj

(the petitioner) but when she reached near Idgah, the petitioner

along with the co-accused placed a pistol on her temporal region

and forcibly made her to sit on a motorcycle. She claims to have

become unconscious and thereafter when she regained her sense

she found that she was raped. It is alleged that from 23.06.2019

to 25.06.2019 both the accused established physical relationship

with the informant and then on 25.06.2019 at about 8:00 a.m.

they brought her on their motorcycle and left her at Madhubani


Learned counsel for the petitioner submits that in

course of investigation the Police has examined CDR of the

mobiles of this petitioner and the victim and in course of

scientific investigation done by Police which has been recorded

in Paragraph ’89’ of the case diary it has been found that the

petitioner and the victim lady had been talking to each other

regularly and continuously for long time. On the alleged date of

occurrence when the victim claims to have been forcibly taken

away and till 25.06.2019 the mobile location of the victim was

found in her village only. The police has recorded that on

21.06.2019 the victim lady had talked to this petitioner in the
Patna High Court CR. MISC. No.59780 of 2019(3) dt.27-11-2019

morning and thereafter in the evening also, in between she had

tried twice to contact the petitioner but the call did not

materialise. Again on 22.06.2019, 23.06.2019 and till 10:16 AM

on 24.06.2019 the mobile location is in village of the victim. On

24.06.2019 at about 1:15 PM she had talked for about 7 seconds

and the location of the mobile is at a distance of 7-8 Kms from

her village in between her maternal uncle’s village.

On analyzing the call details, police has found that the

story given by the victim as regards her being forcibly taken

away by the petitioner is doubtful. On 23.06.2019 at about

12:00 noon she has talked to some other person and thereafter

she has talked on several other numbers. Police has found this to

be a case of love affair between the petitioner and the victim


Again in course of investigation when the victim lady

was examined by the Medical Board, the Medical Board has

done microscopical examination in which they have not found

any spermatozoa either living or dead. The age has been

determined in between 20-22 years and the Medical Board has

not found any sign of rape. The Board has, however, recorded

‘Habitual intercourse type’.

In the aforementioned background, the police has not
Patna High Court CR. MISC. No.59780 of 2019(3) dt.27-11-2019

found the case true under Section 376 IPC and in course of

argument even learned A.P.P. for the State and learned counsel

for the informant have accepted that the case under Section 376

IPC has not been found true and no charge-sheet has been

submitted under this section, though charge-sheet has been

submitted under other provisions of the Indian Penal Code

including Section 354 of the Indian Penal Code.

Learned counsel for the petitioner submits that this

petitioner has married to another lady on 22.06.2019 and in this

regard he has produced the marriage certificate and Nikahnama.

It is submitted that for this reason alone the present case has

been lodged for falsely implicating the petitioner by alleging

commission of rape.

Learned counsel for the Informant has opposed the

prayer for regular bail of the petitioner stating that the victim

lady has supported her allegation in course of her statement

recorded under Section 164 Cr.P.C.

Learned A.P.P. for the State has submitted that on

perusal of the case diary it seems that the petitioner and victim

lady were in touch with each other for a long time and police

has not found the case true under Section 376 IPC and the story

of her being taken away forcibly by the petitioner has also not
Patna High Court CR. MISC. No.59780 of 2019(3) dt.27-11-2019

been believed.

Considering the facts and circumstances and the

submissions made at the Bar and upon perusal of the case diary,

having found that the police has done some scientific

investigation in the matter which have been taken note of

hereinabove and that the story of being taken away forcibly and

commission of rape has been found doubtful and no charge-

sheet has been filed against the petitioner under Section 376 IPC

and the petitioner is in custody for about five months, let the

petitioner above named be released on bail in connection with

Chhatapur P.S. Case No. 165 of 2019 on furnishing of bail bond

of Rs. 15,000/- (fifteen thousand) with two sureties of the like

amount each to the satisfaction of learned A.C.J.M.-IV, Supaul,

subject to the condition as laid down under Section 437 (3)

Cr.P.C. as under :

(a) that such person shall attend in accordance with

the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence

similar to the offence of which he is accused, or suspected, of

the commission of which he is suspected, and

(c) that such person shall not directly or indirectly

make any inducement, threat or promise to any person
Patna High Court CR. MISC. No.59780 of 2019(3) dt.27-11-2019

acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the Court or to any police officer or

tamper with the evidence.

(Rajeev Ranjan Prasad, J)


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