IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9174 of 2010 MD.MOZAFFAR IMAM @ TUFAIL AHMAD @ TUFAIL Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr.Vishwanath Prasad Singh, S.Advocate Mr.Iqbal Asif Niazi, Advocate For the State : A.P.P. 9 30.8.2010 Heard counsel for the petitioner and the State as well as learned counsel appearing on behalf of the informant. The petitioner is an accused in a case under sections 376 and 315 of the Penal Code. On 16.1.2005 the informant Ishrat Khatoon gave a typed written petition to the Superintendent of Police, Darbhanga stating therein that after the death of her father, the petitioner gave assurance that he will keep her as daughter, and after 2-3 years he would solemnize her marriage with his own expenses. It is further alleged that on his assurance, the informant started doing domestic work in his house. On one of the days, the petitioner asked her to massage his body and in the process committed rape. This process continued for quite some time, consequent to which the informant became pregnant. The petitioner forcibly administered her some medicines which caused her abortion. Learned counsel submits that the petitioner was earlier granted anticipatory bail by a bench of this court, which was set aside by the Hon’ble Apex Court with a direction to surrender within two weeks from the date and the trial court after taking him into custody, shall proceed with the trial. He further submits that 2 the petitioner surrendered on 8.2.2010 within time. The police after investigation submitted final form in favour of the petitioner stating the case to be one of the mistakes of fact. He further submits that the informant for considerable period of time did not complain about any rape to any villager, much less to the police. The petitioner is an Ex-Mukhiya of village Panchayat and the informant has been set up by his rival at whose behest the instant case has been filed. Counsel for the informant submits that the anticipatory bail granted to the petitioner was cancelled by the Hon’ble Apex Court, as the informant has made allegation of rape against the petitioner. It appears from the prosecution case that the informant did not disclose the commission of rape for quite some time to any one much less to the police. Further more, the police after investigation of the case has submitted final form in favour of the petitioner finding the case to be one of the mistakes of fact. The petitioner has remained in custody for about seven months since 8.2.2010. Further more, in pursuance of the order of the Hon’ble Apex Court, the petitioner surrendered in the court below within time. Having considered the facts and circumstances of the case and in view of the facts that in course of investigation the case was found to be false as well as keeping in view of the period of incarceration, the petitioner Md. Mozaffar Imam @ Tufail 3 KHAN Ahmad @ Tufail is directed to be released on bail in connection with S.T. No.11 of 2010 arising out of Jalley P.S. Case No.3 of 2005 on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Darbhanga subject to the condition that he shall not absent himself in the court below for two consecutive dates till three witnesses are examined in trial. (S.P.Singh,J)