Md. Saddam v. The State Of Bihar

Patna High Court Cr.Misc. No.5671 of 2015 (2) dt.12-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5671 of 2015 Arising Out of PS.Case No. -192 Year- 2013 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Md. Saddam Son of Md. Adud, resident of Village- Bagwasha, P.S. - Benipatti, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 29.8.2014 in a case registered under sections 376, 313 and 120B of the IPC. The accusation against the petitioner is that he committed rape and sexually exploited the informant as a result of which she became pregnant but later on, petitioner got aborted her pregnancy and also refused to marry with her.

Learned counsel appearing for the petitioner submits that even if prosecution story assumed to be true, then also, it appears that informant was consenting party.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.5671 of 2015 (2) dt.12-02-2015 Madhubani in Benipatti P.S. Case no. 192/2013. shahid (Hemant Kumar Srivastava,J) U T