Jubair @ Madan @ Mehnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10455 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- ABADPUR District- Katihar ====================================================== Jubair @ Madan @ Mehnu Son of Giyasat @ Gyasuddin Resident of Village - Mathurapur, Police Station - Abadpur, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 376 of the I.P.C.

The prosecution case, in short, is that the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.10.2019 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.10455 of 2020(3) dt.01-06-2020 2/2 case. There is no allegation of tampering of witnesses against the petitioner. As per the F.I.R., the occurrence is said to have taken place one month prior to the institution of the present case. Delay has not been explained by the prosecution. The medical examination report of the victim does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Abadpur P.S. case No.145 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T