Md. Abdul @ Abdul Baki And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14801 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Md. Abdul @ Abdul Baki son of Md. Baki Idris
2. Md. Hashmat son of Md. Sultan Both resident of village Khakharua, P.S. Bakhri, District- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 511, 366/34 of the Indian Penal Code.
It is alleged that co-accused Md. Shabban pulled the dupatta of the informant and caught hold of her hands, thereafter the petitioner nos. 1 and 2 pressed her mouth and tried to lay down her on the earth and on alarm the villagers rushed on the spot and the miscreants managed to escape from there.
It is submitted by the learned counsel for the petitioners that under Section 164 Cr.P.C. statement the victim got her age recorded 19 years, the Court also assessed her aged
Patna High Court Cr.Misc. No.14801 of 2015 (2) dt.13-04-2015 20 years, where she stated that she was not aware about the accusation of the First Information Report and she has not supported the accusation. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. There is no medical report on the record.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 56 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T