Md. Mustak @ Md. Mostaf v. The State Of Bihar

Patna High Court Cr.Misc. No.33328 of 2014 (4) dt.12-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33328 of 2014 Arising Out of PS.Case No. -59 Year- 2014 Thana -MAHILA PS District- DARBHANGA ====================================================== Md. Mustak @ Md. Mostaf .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2015 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 06.06.2014 in a case registered for the offence punishable under section 376 of the Indian Penal Code and under section 4/6 of the Protection of Children Act, 2012.

It is alleged that the daughter of the informant was raped by the petitioner.

It is submitted by the learned counsel for the petitioner that the petitioner was arrested from his house and not from the alleged place of occurrence. Moreover, the medical report does not support either any injury or commission of rape and statement to this effect has been made in paragraph 3 of the petition.

Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.33328 of 2014 (4) dt.12-01-2015 petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions Judge-Ist-cum-Special Judge, P.O.C.S.O, Darbhanga in connection with Sadar Mahila P.S. Case no. 59 of 2014.

(Dinesh Kumar Singh, J) M.Rahman/- U