Md. Mister Kazi @ Md. Mister v. The State Of Bihar

Patna High Court Cr.Misc. No.49466 of 2014 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49466 of 2014 Arising Out of PS.Case No. -48 Year- 2013 Thana -SANHOLA District- BHAGALPUR ====================================================== MD. MISTER KAZI @ MD. MISTER SON OF LATE KAMRUDDIN KAZI RESIDENT OF VILLAGE - KAMALPUR, P.S. - SANHAULA, DISTT. - BHAGALPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sanhaula P.S. Case No. 48 of 2013 registered under Sections 448 and 376/34 of the Indian Penal Code.

The allegation is that informant, Rajeena Khatoon, came out from house in the night of 22/23.07.2013 to attend the natural call then two persons covering their face carried her forcibly and committed rape. The informant identified both as Samir Kazi and Mister Kazi (Petitioner).

Learned counsel for the petitioner submits that, in fact, Nusrat Khatoon, sister of petitioner, was rapped in the night of

Patna High Court Cr.Misc. No.49466 of 2014 (2) dt.09-04-2015 22/23.07.2013 by the husband of the informant regarding which, mother of the petitioner, has lodged Sanhula P.S. Case No. 47 of 2013 against the husband of informant due to that reason only to give under pressure the informant has lodged the present case. Considering the facts and circumstances of case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sanhaula P.S. Case No. 48 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T