Patna High CourtCR. MISC./30210/2025bail granted

Gulam Mustafa v. The State Of Bihar

2025-09-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30210 of 2025 Arising Out of PS. Case No.-496 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Gulam Mustafa S/o Javed Anawar @ Md. Javed Anwar R/o Village- Bel, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlendra Prasad Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-09-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Obra P.S. Case No. 496 of 2024 registered for the offence under Sections 376, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have committed rape with the victim when she had gone for treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He submits that the F.I.R. has been lodged after delay of about one year from the date of occurrence, which creates serious doubt on the prosecution case. The petitioner is in custody since 16.01.2025.

Patna High Court CR. MISC. No.30210 of 2025(4) dt.02-09-2025 2/2

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, delay in lodging the F.I.R. and the period of custody, this application for regular bail is allowed.

7. Accordingly, 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 the learned Sub-Divisional Judicial Magistrate, Daudnagar, District-Aurangabad/concerned Court below in connection with Obra P.S. Case No. 496 of 2024 subject to condition that:- (i). The petitioner will mark his attendance at the Obra Police Station on the every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

8. This application for regular bail stands allowed. (Sandeep Kumar, J) anand/- U T