Md. Faiyaz @ Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15712 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== MD. FAIYAZ @ FAIYAZ Son of Md. Mustak Resident of Village - Narhaiya, P.S.- Chhatapur, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 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 instituted for the offences under Sections 376 and 506 of the Indian Penal Code. The prosecution allegation, in short, is that the accused person caught hold of the informant and committed rape on her.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.15712 of 2020(4) dt.10-09-2020 2/2 witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. From perusal of the medical report of the victim, the age of victim is assessed to be between 17-19 years and finding of the doctor is that no sign of rape was found. 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 aforesaid facts and circumstances, it is directed that 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 A.C.J.M. -VI, Supaul in connection with Chhatapur P.S. Case No. 239 of 2019.

(Sudhir Singh, J) Pankaj/- U T