Patna High CourtCR. MISC./15579/2020bail granted

Md. Jamal @ Jamaluddin v. The State Of Bihar

2020-03-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15579 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- KAMTAUL District- Darbhanga ====================================================== MD. JAMAL @ JAMALUDDIN Son of Late Md. Suleman Resident of Village - Kanaur, P.S.- Kamtaul, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Ashfaque Ahmad For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2020 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 Indian Penal Code.

Prosecution case in short is that at night, while the informant's daughter was going to her Khala, she was ravished by the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-12-2019. The date of occurrence is said to be August, 2019. Neither any specific date nor any time has been mentioned in the first information report. There is no medical report on record to support the allegation made in the FIR.

Patna High Court CR. MISC. No.15579 of 2020(2) dt.06-03-2020 2/2 The FIR has been instituted after a delay of four months. The delay in lodging the FIR has not been explained. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Kamtaul P.S. Case No. 201 of 2019.

(Sudhir Singh, J) A.K.V.//- U T