Md. Mashoor Ali @ Mansoor Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.50730 of 2014 (5) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50730 of 2014 Arising Out of PS.Case No. -92 Year- 2011 Thana -BIRPUR District- SUPAUL ======================================================

1. Md. Mashoor Ali @ Mansoor Ali S/o Sirajuddin, resident of villageKusarmal, Tola- Ghoraghat, P.S.- Balua Bazar, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 27.02.2014 in a case registered for the offence punishable under Section 376 of the Indian Penal Code.

The contention on behalf of the petitioner is that even if the prosecution story assumed to be true, then also, the informant was a consenting party and no case under Section 376 of the Indian Penal Code is made out. It is further contended by him that at best, it is a case of Section 417 of the Indian Penal Code, which is bailable in nature.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the

Patna High Court Cr.Misc. No.50730 of 2014 (5) dt.09-04-2015 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 Additional Sessions Judge-II, Supaul in connection with Sessions Trial No. 82 of 2014 arising out of Birpur P.S. Case No. 92 of 2011.

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