Md Mizan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54555 of 2021 Arising Out of PS. Case No.-301 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Md Mizan Son Of Md Shamsuddin Risident Of Mohalla- Rahman Nagar, P.SSherghati, Dist- Gaya ( Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2022 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in connection with Sherghati P.S. Case No. 301 of 2021 registered for the offence under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Prosecution case in short is that while the informant was alone in the house with her children on 02.06.2021 at about 06.00 PM, then the petitioner came and raped her forcefully under threat to life.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as the medical of the informant was done immediately on 03.06.2021

Patna High Court CR. MISC. No.54555 of 2021(3) dt.21-02-2022 2/2 and the medical report completely negates rape. Learned counsel for the petitioner further submits that if what has been alleged in the FIR is true then definitely the informant would have resisted the petitioner while he was forcing himself on her and the petitioner at the same time must have used force to subdue her into submission, but from the injury report it also manifest that no sign of injury on the body or on the private part of the informant was found.

The learned APP opposes the bail application. Considering the fact that the petitioner is in custody since 10.06.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the injury report completely negates rape, the petitioner, above named, is directed to be released on bail on furnishing bail bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Gaya in connection with Sherghati P.S. Case No. 301 of 2021. (Satyavrat Verma, J) Prakash Narayan /- U T