Patna High CourtCR. MISC./47541/2019bail granted

Md. Jahir v. The State Of Bihar

2019-07-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47541 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== MD. JAHIR Son of Sajim Resident of Village - Meharpur, P.S.- Pripainti, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 376/34 of the Indian Penal Code. The prosecution allegation in short is that the accused persons forcibly committed rape on the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which

Patna High Court CR. MISC. No.47541 of 2019(2) dt.31-07-2019 2/2 she has not named the petitioner. The medical examination report of the victim also does not show any positive sign of commission of rape.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Bhagalpur in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 84/2019.

(Sudhir Singh, J) Pankaj/- U T