Md. Zahid Ismatullah @ Chotan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50067 of 2015 Arising out of P.S. Case No. - 133 Year - 2015 Thana - JAGDISHPUR District - BHAGALPUR ====================================================== Md. Zahid Ismatullah @ Chotan, S/o Late Md. Mashood Azam @ Masso, Resident of Village - Salempur, P.S. - Jagdishpur, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Singh, Advocate For the Opposite Party : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Section 376 of the Indian Penal Code.

It is alleged that the informant Sahnaj aged about 20 years got married with Salim five years ago. After some months of her marriage, she went to the house of her maternal uncle where she got intimacy with the petitioner. It is further alleged that on the promise of performing marriage the petitioner sexually exploited the informant for the last five years. It is submitted that the petitioner has been implicated on the ground of grudge and animosity and the informant was a consenting party.

Hence, having regard to the facts and circumstances

Patna High Court Cr.Misc. No.50067 of 2015 (3) dt.09-02-2016 of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 133 of 2015, subject to the condition that the petitioner shall appear in the case on each and every date fixed by the court below and any absence of the petitioner shall be a ground for cancellation of bail bond of the petitioner and further any absence of the petitioner shall be subject to the satisfaction of the court below on reasonable grounds and the trial shall proceed on day to day basis.

Kundan (Gopal Prasad, J) U T