Md. Asalam v. The State Of Bihar

Patna High Court Cr.Misc. No.30009 of 2015 (3) dt.29-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30009 of 2015 Arising Out of PS.Case No. -160 Year- 2014 Thana -LAUKHA District- MADHUBANI ======================================================

1. Md. Asalam Son of Md. Jahur Resident of Village - Bauraha (Barha), P.S. - Ladaniya District - Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 3.3.2015 in a case registered under section 376 of the Indian Penal Code and section 3/ 4 of the D.P. Act.

Admittedly, at the time of alleged occurrence, informant's daughter was major and it appears from the contents of the first information report that informant's daughter was a consenting party. Moreover, petitioner remained in jail custody for a considerable period on the accusation of making illegal demand. 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 Sri R.K. Rajak, Judicial Magistrate, Ist Class, Jhanjharpur District Madhubani/ concerned court in Laukha

Patna High Court Cr.Misc. No.30009 of 2015 (3) dt.29-10-2015 (Lalmaniya) P.S. Case no. 160/2014.

shahid (Hemant Kumar Srivastava,J) U T