Sahbuddin v. The State Of Bihar

\IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.77894 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- BIRPUR District- Supaul ====================================================== Sahbuddin Son of Jalaluddin Resident of Village- Kochgawan, Ward No. 11, Police Station - Birpur, Distt. - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Birpur P.S.Case No.227/18 registered for the offence under Section 376 of the I.P.C. Allegation against the petitioner is of committing rape upon the informant.

Learned counsel for the petitioner submits that the petitioner is own relative of the informant who is consenting party. Medical report also does not support the prosecution case. Occurrence is of 29.08.2018, however, F.I.R. was instituted on 08.09.2018 He further submits that both the parties have compromised the present case and it has been filed in the court below which will appear from Annexure-2. Notices were issued to complainant/O.P.No.2 upon which she appeared and her counsel states that he is not opposing the bail petition of

Patna High Court Cr.Misc. No.77894 of 2018(4) dt.22-02-2019 2/2 petitioner. The petitioner having no criminal antecedent is in jail custody since 9.9.2018.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Supaul, in Birpur P.S.Case No.227 of 2018 subject to the conditions that :-

(1) Bailors should be of local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnessses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) aks/- U