IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 18861 of 2009 Md. Jahur Alam @ Bullu, son of late Md Kamaruddin, resident of village - Sabutar, P S – K Nagar, Dist – Purnea - Petitioner Versus State of Bihar - Opposite Party ----------- 2 28.05.2009 The petitioner apprehends arrest in Krityanand Nagar Police Station Case No 319 of 2007 which arises out of Complaint Case No 2293 of 2007 in relation to an offence under Section 376 of Indian Penal Code. It appears that on 24.09.2007, the informant filed a complaint petition being Complaint Case No 2293 of 2007 before the Chief Judicial Magistrate, Purnea, inter alia, alleging that on the night of 18.09.2007, while she was sleeping with her three children, and being warm, the doors were opened and her husband had gone away to catch fish, one Pappu came into the house and ravished her. While escaping, she saw that the petitioner was standing outside with a lathi who then escaped alongwith the said Pappu. When the husband returned, she told the story to the husband. Next day, they went to the Police Station but police did not take action and, as such, the complaint was being filed. The Complaint was then referred under Section 156 (3) of Criminal Procedure Code to police for registering a case and investigating. It is on basis of which that the present case has been registered on 07.10.2007. It is submitted that police, after thorough investigation, filed final form holding that the informant was false and recommending for prosecution of the informant. On this, the informant filed a protest which was treated as complaint and cognizance has been taken against 2 the petitioner and the said Pappu under Section 376 of Indian Penal Code. On behalf of the complainant, who has appeared suo motu, it is submitted that the complainant is a poor lady and without reason, she has been ravished. On the other hand, on behalf of petitioner, it is submitted that police, in course of investigation, found as a matter of fact that the said Pappu had given Rs 12,000/- to the informant for securing the release of her husband Md Najim from custody. She was required to return the money. She refused to return the money for which villagers also requested her. Only to avoid return of the money, this false case has been lodged. As petitioner used to accompany the said Pappu, he has been implicated with no role in the act aforesaid. In the facts and circumstances of the case, if the petitioner abovenamed surrenders before the Court below within four weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in Krityanand Nagar Police Station Case No 319 of 2007 arising out of Complaint Case No 2293 of 2007 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)