KAMTA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing the order dated 16.12.2002, passed by the learned Chief Judicial Magistrate, Gopalganj, in Barauli P.S. case No. 249 of 2001 whereby bail granted to the petitioner has been cancelled and the warrant of arrest has been issued against him.

(2.) On 23.12.2001 the opposite party No. 2 instituted First Information Report which was registered as Barauli P.S. case No. 249 of 2001. The allegation was that Kamta Tiwari (petitioner) made an entry in the room in the afternoon and committed rape on the informant. The informant raised alarm on which the mother-in- law of the informant came and she was assaulted by the accused. The accused thereafter fled away from the place of occurrence. It is further stated that at the time of the alleged occurrence, the husband and father-in-law of the informant had gone to the field and, as such, they were not present in the house.

(3.) The petitioner was arrested on 24.12.2001 and was sent to jail. He filed an application for grant of bail before the Chief Judicial Magistrate, Gopalganj, which was heard on 18.1.2002 and after hearing the parties provisional bail was granted in anticipation of Report-II of the Superintendent of Police, Gopalganj. From the doctor's report no sign of rape was found on the informant. The report of the S.D.P.O., Gopalganj, also shows that he examined several witnesses and found the case false and, as such, he recommended for institution of a case under Section 182/211 of the Indian Penal Code against the informant. In the order granting bail the Chief Judicial Magistrate, Gopalganj, also observed that the order of bail will be confirmed after perusal of Report-II of the Superintendent of Police. Thus, provisional bail granted to the petitioner was confirmed on 16.8.2002 after receipt of Report-II of the Superintendent of Police, Gopalganj. From the order confirming the provisional bail it transpires that the Chief Judicial Magistrate perused the Report-II of the Superintendent of Police, Gopalganj, who also found the allegation of the informant false and has directed the Investigating Officer to submit a final report in the case. The Chief Judicial Magistrate has also stated that since the provisional bail granted to the petitioner has not been misused and the Superintendent of police has also directed to submit final form in the case, the provisional bail is confirmed.