Md. Tauhid Alam @ Tohid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14227 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Md. Tauhid Alam @ Tohid Son of Late Bahar Ali, resident of Rajibasti Chhaital, P.S.- Thakurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 21-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 05.01.2015 in a case registered for the offences punishable under Sections 341, 323, 376 and 509 of the Indian Penal Code. It is alleged that the petitioner ravished the informant on 01.01.2015.

It is submitted by learned counsel for the petitioner that the petitioner is brother-in-law of the informant and in the background of land dispute the accusation has been levelled. The medical report rules out the commission of rape and the charge-sheet has been submitted under Sections 341, 323, 354A, 504 and 509 of the Indian Penal Code. The medical report does

Patna High Court Cr.Misc. No.14227 of 2015 (03) dt.21-05-2015 2/2 not suggest presence of spermatozoa. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds 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 Mahila Thana (Kishanganj) P.S. Case No. 01 of 2015.

(Dinesh Kumar Singh, J) DKS/- U T