Md. Aklu And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1769 of 2016 Arising Out of PS.Case No. -116 Year- 2015 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Md. Aklu, Son of Fasiuddin

2. Janera Khatoon, W/o Fasiuddin Both R/o Village- Sadipur Kabilpur, P.S. Balrampur, District- Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Md. Helal Ahmad, Advocate For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Balrampur P. S. Case No. 116 of 2015 registered under Sections 376, 313/34 of the Indian Penal Code.

Regard being had to the specific allegation against petitioner no. 1, namely, Md. Aklu that he committed rape upon the informant, I am not inclined to grant him pre-arrest bail. Accordingly, his prayer for grant of pre-arrest bail is rejected. So far as petitioner no. 2, namely, Janera Khatoon is concerned, taking into consideration the fact that she happens to

Patna High Court Cr.Misc. No.1769 of 2016 (3) dt.11-04-2016 2/2 be the mother of the petitioner no. 1 and there is no allegation of even abetment against her, in the event of arrest or surrender before the court below within four weeks from today, she is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in Balrampur P. S. Case No. 116 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T