Patna High CourtCR. MISC./10338/2020bail granted

Md. Jumman v. The State Of Bihar

2020-02-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10338 of 2020 Arising Out of PS. Case No.-168 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MD. JUMMAN Md. Tabrej Alam Resident of Village- Bara Istambrar, P.S.- Jokihat, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Araria (Mahila) P.S. Case No. 168 of 2019, disclosing offences punishable under Sections 376 and 379 of the Indian Penal Code.

It is alleged in the F.I.R. that the informant and the petitioner knew each other and the petitioner, on false assurance, had taken the informant to Araria, where they stayed together in a hotel room, where the petitioner forcibly established physical relationship with her and snatched her mobile phone and some other valuables.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the first information report, that it is

Patna High Court CR. MISC. No.10338 of 2020(3) dt.29-02-2020 2/2 the informant's own case that she had gone to Araria out of her own volition. He has relied on the injury report, which has been brought on record by way of Annexure 3 to the application, to submit that no recent sexual assault was found during the medical examination. The petitioner is in custody since 21.11.2019.

Considering the nature of the accusation in the F.I.R., this application is allowed.

Let the petitioner above named be released on bail furnishing bail bond of Rs.10,000/-(Rupees Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Araria (Mahila) P.S. Case no. 168 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T