Abu Shama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20575 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -DIGHALBANK District- KISANGANJ ====================================================== Abu Shama son of Fur Mohammad Resident of village - Matia, Police Station - Pothia, District - Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Binay Kumar, Advocate.

For the Opposite Party : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2015 Heard both sides.

The petitioner seeks bail in Dighalbank (Korhobari) P.S. Case No. 56 of 2014, registered for the offences punishable under Sections 376, 120B and 34 of the Indian Penal Code. The prosecutrix alleged that the petitioner put clothes in her mouth and Anikul raped with her.

It is submitted that there is no allegation of rape against the petitioner. The prosecutrix was married to Anikul. The brother of the prosecutrix has been examined in Sessions Trial No. 1944 of 2014 and disclosed that his sister was married with the accused Anikul.

Considering the facts that there is no allegation of rape against the petitioner and the petitioner is in jail since 31.08.2014

Patna High Court Cr.Misc. No.20575 of 2015 (2) dt.18-06-2015 2/2 and the brother of the prosecutrix has stated that his sister was married with Anikul, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Kishanganj in Dighalbank (Korhobari) P.S. Case No. 56 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T