Md. Nasim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39294 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Md. Nasim, S/o Late Md. Mosim,

2. Md. Umat S/o Md. Nasim,

3. Md. Makua @ Md. Makdum S/o Md. Nasim, All are R/o Vill.- Islampur, Madhuban Gaut, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anuj Dilbar Krishna For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bajpatti P.S.Case No. 33 of 2018 registered for the offences punishable under Sections 341, 323, 504, 376 of the Indian Penal Code and Sections 4, 8 and 12 of POCSO Act.

Allegation against co-accused is of committing rape upon the informant, due to which she became pregnant and informant and others went to the house of the petitioners to get her marriage settled with the co-accused and for that accused persons assaulted the informant and others.

Submission of learned counsel for the petitioners is that allegation of rape is not against the petitioners, which is against

Patna High Court Cr.Misc. No.39294 of 2018 (2) dt.10-07-2018 2/2 Md. Sofian and Md. Masoom.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional District Judge-I, Sitamarhi, in connection with Bajpatti P.S.Case No. 33 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U