Patna High CourtCR. MISC./10210/2015bail granted

Md. Ishrajul @ Md. Israfil @ Israjul v. The State Of Bihar

2015-06-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10210 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Md. Ishrajul @ Md. Israfil @ Israjul Son of Md. Umid @ Md. Umed, Resident of Jai Nagar, Thana Tola, P.S. Jai Nagar, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyapal Singh For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Jai Nagar Police Station Case No. 49 of 2014 registered for the offences punishable under Section 376 of the Indian Penal Code. Petitioner is named in the first information report with allegation of rape but admittedly, the statement of informant was recorded under section 164 of the Cr.P.C, in which she admitted that she was carrying pregnancy of two months and the aforesaid fact was disclosed to the petitioner. The statement of informant recorded under section 164 of the Cr.P.C prima facie shows that she was consenting party.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.10210 of 2015 (3) dt.23-06-2015 2/2 well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Chief Judicial Magistrate, Madhubani in Jai Nagar Police Station Case No. 49 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T