Ataur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45144 of 2019 Arising Out of PS. Case No.-2 Year-2017 Thana- MAHILA PS District- Jehanabad ====================================================== ATAUR RAHMAN Son of Late Najibur Rahman Resident of Mohalla-Shekh Alam Chak, P.S-Jehanabad, P.O and P.S-Jehanabad, District-Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Jehanabad Mahila P.S. Case No. 2/2017, instituted for offence under Section(s) 376/34 of the Indian Penal Code read with Section 4 of POCSO Act. It is alleged in the written report that on the date of occurrence petitioner along with other accused persons committed rape with 12 year old daughter of informant. Learned counsel for petitioner has submitted that there is general and omnibus allegation against this petitioner. Medical report is available in case diary wherein doctor has found no sign of rape.
The other co-accused with similar allegation has already been granted bail by this Court vide order dated
Patna High Court CR. MISC. No.45144 of 2019(3) dt.30-08-2019 2/2 27.08.2019 passed in Cr.Misc. No. 39877/2019. Petitioner is in custody since 27.04.2019.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 1st Addl. Sessions Judge, Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 2/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T