Patna High CourtCR. MISC./48842/2017bail granted

Maulvi Sk. Tausif Raza @ Md. Tausif Raza @ Laddu v. The State Of Bihar

2017-10-17Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.48842 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48842 of 2017 Arising Out of PS.Case No. -307 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Maulvi Sk. Tausif Raza @ Md. Tausif Raza @ Laddu, S/o Sk. Md. Ezaz, Resident of Village- Hanumanganj, P.S.- Chakia, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks regular bail in connection with Chakia Police Station Case No. 307 of 2016 registered for the offence punishable under Sections 376, 109 of the Indian Penal Code.

It is a complaint case. The alleged offence was committed on 06.11.2016 and 13.11.2016 but the complaint was filed in the court of Chief Judicial Magistrate, Motihari on 19.12.2016.

Learned counsel for the petitioner submits that the victim has compromised the matter with the petitioner. She has appeared before the court below and has made statement that the

Patna High Court Cr.Misc. No.48842 of 2017 (2) dt.17-10-2017 matter has been compromised between the parties. Since the offence is not compoundable, the court below has rejected the bail application of the petitioner. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 09.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chakia P.S. Case No. 307 of 2016.

(S. Kumar, J) veena/- U T