Md. Subhan And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.972 of 2015 (2) dt.12-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.972 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Md. Subhan Son of Md. Islam R/o - Mohalla - Chakla Nirmali, Supaul, Ward No. 6, P.S. + Distt. - Supaul.

2. Md. Sikendra @ Md. Sikandar Son of Md. Akhtar R/o - Mohalla - Chakla Nirmali, Supaul, Ward No. 6, P.S. + Distt. - Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2015 Heard learned counsel for the petitioners and the State.

The petitioners are languishing in jail since 17.10.2014 in a case registered for the offences punishable under sections 376, 506/34 of the Indian Penal Code. It is alleged that petitioner Md. Subhan raped her and petitioner no.2 assaulted her with arm. It is submitted by the learned counsel for the petitioners that the informant in her statement recorded under section 164 Cr.P.C. has denied the allegation of commission of rape and statement to this effect has been made in paragraph 7 of the petition.

Patna High Court Cr.Misc. No.972 of 2015 (2) dt.12-01-2015 Considering the aforesaid facts, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul Mahila P.S. Case no. 108 of 2014. (Dinesh Kumar Singh, J) M.Rahman/- U T