Patna High CourtCR. MISC./3161/2015bail granted

Halim Kaji @ Md. Halim Kazi And ANR v. The State Of Bihar

2015-04-21Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.3161 of 2015 (3) dt.21-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3161 of 2015 Arising Out of PS.Case No. -47 Year- 2013 Thana -SANHAULA District- BHAGALPUR ======================================================

1. Halim Kaji @ Md. Halim Kazi Son of Amir Kazi

2. Abul Kaji @ Abdul Kazi S/O Late Jamruddin Kazi Both are residents of village-Kamalpur,P.S-Sanhaula,Distt.-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pratap Sharma For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. According to prosecution case itself, petitioners are agnates of the informant and allegedly, they along with coaccused, Jamil Kazi entered into the house of the informant and thereafter, co-accused, Jamil Kazi committed rape on the informant's daughter but it is surprising enough that police did not record the statement of victim in course of investigation nor took any step to get recorded the statement of victim under Section 164 of the Cr.P.C. It appears that the police only recorded the further statement of informant, got medically examined the victim and submitted charge sheet.

Patna High Court Cr.Misc. No.3161 of 2015 (3) dt.21-04-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 741 of 2014/Trial No. 687 of 2014 arising out of Sanhaula P.S. Case No. 47 of 2013.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T