Patna High CourtCR. MISC./10936/2017bail granted

Md. Rahim And ANR v. State Of Bihar And ANR

2017-04-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10936 of 2017 Arising Out of PS.Case No. -1479 Year- 2000 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Rahim, Son of Late Md. Fazalu,

2. Md. Salahuddin @ Salauddin, son of Aklim, Both resident of VillageKursail, P.S.- Jokihat (Mahalgaon), District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Rahina Khatoon @ Bibi Rihana Khatoon, W/o Doman, Resident of Village- Kursail, P.S.- Jokihat (Mahalgaon), District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2017 Heard both sides.

The petitioners seek bail in complaint case No. 1479 C/2000 for the offences allegedly committed by the petitioners under Section 376, 120B of the Indian Penal Code. The complainant alleged that petitioners and others on the point of knife and pistol committed rape with her one by one.

The learned counsel for the petitioners submits that the complainant is an old lady. The petitioners are co-sharers of the complainant and on account of land dispute the present case has been filed. Similarly situated accused Md. Amin and Md.

Patna High Court Cr.Misc. No.10936 of 2017 (3) dt.07-04-2017 2/2 Salamul have been granted bail by different benches of this court vide orders dated 18.08.2008 and 26.06.2013 passed in Cr. Misc. Nos. 28571 of 2008 and 15213 of 2013 respectively. The case of petitioners stands on the same footing. The petitioners are in jail since 12.01.2017. The petitioners have remained in jail for about three months.

Considering the facts that similarly situated accused persons have already been granted bail and the case of petitioners stands on the same footing, the above named petitioners are 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 Chief Judicial Magistrate-I, Araria in Complaint Case No. 1479 C of 2000. (Prabhat Kumar Jha, J) BKS/- U T