Md. Shaukat @ Shaukat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26149 of 2018 Arising Out of PS. Case No.-51 Year-2017 Thana- MAHILA P.S. District- Araria ====================================================== Md. Shaukat @ Shaukat, son of Ful Mohmmad, Resident of village - Gayaspur, Police Station - Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Sri Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2018 Heard Sri Raj Kumar, learned counsel for the petitioner and Sri Ram Bachan Singh, learned Additional Public Prosecutor.

The sole petitioner, who is in custody in connection with Araria (Mahila) P.S. Case No. 51 of 2017, registered for the offences under Sections 376 / 313/ 341/323/ 34 of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C.) and later on, Section 302 of the I.P.C. was added, has prayed for grant of bail.

Learned counsel for the petitioner by way of referring to the F.I.R. submits that main accusation was made against co-

Patna High Court Cr.Misc. No.26149 of 2018(2) dt.03-05-2018 2/3 accused Sohrab, who is the brother of the petitioner. Against Sohrab allegation was made that he by way of enticing the daughter of informant, who was aged about 22 years, had committed rape. Thereafter, assurance was given to marry her. In the meanwhile, daughter of the informant conceived. Subsequently, four accused persons with assurance to marry the daughter of informant shifted her in a private hospital in Jokihat and forcibly abortion was done. Against petitioner there is allegation that he assisted other accused regarding abortion. Besides this, it has also been argued that two F.I.R. named accused namely, Md. Fool Mohammad and Bibi Sahnaz have already been extended the privilege of anticipatory bail by order dated: 12.02.2018 passed in Cr. Misc. No. 1207 of 2018.

Learned Additional Public Prosecutor has opposed the prayer, however, considering the materials available on record particularly the facts disclosed in the F.I.R., which categorically suggests accusation against the brother of the petitioner, there is no reason to further detain the petitioner.

Accordingly, let the petitioner Md. Shaukat @ Shaukat be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria /

Patna High Court Cr.Misc. No.26149 of 2018(2) dt.03-05-2018 3/3 concerned court in connection with Araria ( Mahila ) P.S. Case No. 51 of 2017 .

(Rakesh Kumar, J) praful/- U T