Jaiki @ Md. Jaiki v. The State Of Bihar

Patna High Court Cr.Misc. No.1119 of 2016 (3) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1119 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -MAHILA PS District- KATIHAR ====================================================== JAIKI @ MD. JAIKI Son of Md. Yusuf, Resident of Village - Makhadampur, P.S. - Mufassil (Katihar), District - Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar, Advocate. For the Opposite Party : Mr. Nityanand(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Katihar Mahila P.S. Case No.43/2015 registered under Section 376(G)/34 of the Indian Penal Code.

The accusation is of committing rape of Sona Murmu by nine persons on pretext to accompany her at her house. In course of committing rape, she became unconscious and thereafter she was found near the ditch.

Learned counsel appearing on behalf of the petitioner submits that it would appear from F.I.R that the occurrence is said to be of 21.09.2015 and the written report has been filed on 24.09.2015 by the informant in which the name of

Patna High Court Cr.Misc. No.1119 of 2016 (3) dt.18-02-2016 three accused has been added later on after institution of F.I.R. The victim has not disclosed the name of three named accused and the petitioner in her statement under Section 164 Cr.P.C. It is further submitted that the petitioner has no criminal antecedent and he was not put on the T.I.P. The petitioner is in custody since 03.10.2015.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Mahila P.S. Case No. 43/2015. (Rajendra Kumar Mishra, J.) Amit/- U T