The Petitioner was alleged of committing rape on the informant in the presence of her 2 sisters and also further allegations were on the petitioner’s father for asking for inappropriately touching the informant. The matter was disposed of after considering all facts and circumstances and the bail was granted to the petitioners. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Md. Tofik Alam v. The State of Bihar[Criminal Miscellaneous No.35522 of 2020].
The facts of the case were that the petitioner was apprehended arrest in connection with the Case instituted under Sections 341, 323, 376, 354, 504, 506, 120-B/34 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act, 2012. It was alleged that the petitioner committed rape on informant and continued to maintain physical relationship on the pretext that he would marry her and later it is alleged that she had pain in stomach and had gone to the father of the informant, who had inappropriately touched her and told her that if she gets into physical relationship with him then he would get her married to his son.
The petitioner submitted that the allegation of rape is false and is done only to create pressure to marry the informant and hence, a false case has been lodged. It was submitted that it is unbelievable that a father would tell a girl that if she gets into physical relationship with him, he would get her married to his son. The medical reports showed that she was 17-18 years old and not 16 years which she claimed to be. According to the FIR the informant was taken into a field by 2 sisters of the petitioner where the petitioner committed rape.
The Learned Additional Public Prosecutor didn’t disputed the facts mentioned in the FIR and also not controverted that rape was committed on the informant by the petitioner in the presence of his sisters and further that she was in the custody of two female constables when she was taken to the Court for getting her statement recorded under Section 164 of the Code.
The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in Barari PS Case No. 288 of 2019, subject to the conditions laid down in Section 438(2) of the Code and further (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioner, and (iii) that the petitioner shall cooperate with the Court and police/prosecution. Any violation of the terms and conditions of the bonds or the undertaking or non-cooperation shall lead to cancellation of his bail bonds.” The petition was disposed off on the mentioned terms.”
Judgment Reviewed By Nimisha Dublish