Patna High CourtCR. MISC./42437/2015bail granted

Md. Nausad @ Nosad @ Noushad And ANR v. The State Of Bihar

2015-09-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42437 of 2015 Arising Out of PS.Case No. -29 Year- 2014 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. MD. NAUSAD @ NOSAD @ NOUSHAD son of Md. Najruddin @ Dallo

2. Md. Azaz @ Ajaj son of Md. Najruddin @ Dallo Both resident of village- Ghordaul, P.S. Sri Nagar, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amish Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The allegation against these petitioners is that they attempted to commit rape on the informant but, according to the prosecution case itself, the alleged occurrence took place on 04.09.2014 whereas the present case was lodged on 09.09.2014 i.e after five days of the alleged occurrence.

The contention on behalf of the petitioners is that some quarrel had taken place between the petitioners and informant on the point of cutting of grass from the field of the petitioners and the family members of the informant had given threatening of dire consequences for which the father of petitioners had already given an informatory petition on 8.9.2014 and subsequently lodged the

Patna High Court Cr.Misc. No.42437 of 2015 (2) dt.16-09-2015 P2/2 complaint case.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Mahila Madhepura P.S. Case No. 29 of 2014.

(Hemant Kumar Srivastava, J) Saif/- U T