Amjad Hussain @ Md. Amjad Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19498 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== AMJAD HUSSAIN @ MD. AMJAD HUSSAIN, S/o Md. Ashique Hussain @ Ashif Hussain, R/o vill. - Madanpur, P.S. and Distt.- Araria, At present R/o ward no. 1, Mohiuddinpur, P.S. and Distt.- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mazher Alam, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kishanganj P.S. Case No. 214 of 2024 dated 05.06.2024 registered for the offences punishable under Section 376-D read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have intoxicated the informant and committed rape.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has been submitted against the
Patna High Court CR. MISC. No.19498 of 2025(4) dt.15-07-2025 2/2 petitioner. As per the medical report of the victim, there is no internal and external injury found by doctors. It is further submitted that during trial the informant has been examined as P.W.1, who has not supported the prosecution case and has been declared hostile. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.06.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj in connection with Kishanganj P.S. Case No. 214 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) khushbu/- U T