CR. MISC./43734/2015 of Tahjib Alam @ Tahjib Vs The State Of Bihar on 22 December 2015

IN THE HIGH COURT OF JUDICATURE AT PATNACriminal Miscellaneous No.43734 of 2015

Arising Out of PS.Case No. -65 Year- 2015 Thana -JALALGARH District- PURNIA

====================================================== Tahjib Alam @ Tahjib Son of Tajuddin of Village - Adhang, P.S. - Jalalgarh, District - Purnea. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance :For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHAORAL ORDER

4 22-12-2015 Heard both sides.

The petitioner apprehends his arrest in Jalalgarh P.S. Case No. 65/2015, registered for the offences punishable under Sections 376, 384 and 120B of the Indian Penal Code.

The mother of the victim made allegation that on 23.02.2015, the petitioner and others committed rape with the daughter of the complainant.

It is submitted that no occurrence as alleged by the complainant has ever taken place. The complainant firstly filed Complaint Case No. 2954/2014 on 08.08.2014 alleging therein that on 04.08.2014, the petitioner and others committed rape with the daughter of the complainant. The aforesaid complaint case was dismissed thereafter. Complaint Case No. 3025/2014 was filed with regard to the same occurrence dated 04.08.2014 making same and similar allegation on 13.08.2014.

It is further submitted that a complaint case bearing Complaint Case No. 605/2015 was filed alleging therein that the daughter of the complainant was raped on 23.02.2015 about 6.30 in the evening, on the basis of which the present FIR was lodged. The complainant-informant wanted to marry her daughter with the petitioner and that is why she has filed three cases on different dates on the same and similar allegation. The police after investigation submitted final form in the earlier cases.

Learned counsel for the informant appeared and submitted that the case has already been compromised.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 65/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.)