Md. Tabraij v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12877 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Md. Tabraij, Son of Late Md. Parwaiz, Resident of Village- Fatehpur, P.S.- Zero Mile, District- Bhagalpur.

... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Manoj Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 452,376(D) 380,307,506 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he has falsely been implicated in this case. He emphasized on the falsity of the implication by submitting that there is inconsistency between the allegations made in the FIR and the statement of the victim recorded under Section 164 Cr.P.C. He has also submitted that during course of investigation medical evidence also does not support or corroborate the allegation regarding the stabbing and rape. It is also submitted that prior to the instant case, he is accused in one more case in which he is on bail. He is in custody since 19.09.2017.

Patna High Court Cr.Misc. No.12877 of 2018 (3) dt.06-04-2018 2/2 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, 9, Bhagalpur in Area P.S. Case No. 101 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U