Mushraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7539 of 2016 Arising Out of PS.Case No. -9 Year- 2015 Thana -KOTHOBARI District- KISANGANJ ====================================================== Mushraf Son of Adbul Tauf resident of Pakkabari, P.S. Kodhobari in the district of Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Mukesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Kodhobari P.S. Case No. 09 of 2015 for offence under Section 376 of the Indian Penal Code.

One Tabarak Alam has made an allegation against the petitioner that he has committed sexual assault on the nice of the Informant whereas the nice has filed an application for recording of her statement under Section 164 of the Cr.P.C. wherein she has stated that that no such incident has taken place. She has also filed an affidavit and there also same thing has been restated that no incident has taken place.

Looking to the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.7539 of 2016 (3) dt.12-04-2016 the petitioner, namely, Mushraf be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kodhobari P.S. Case No. 09 of 2015 (G.R. No. 1772 of 2015).

(Shivaji Pandey, J) Rishi/- U T