Md. Rehan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61539 of 2018 Arising Out of PS.Case No. -314 Year- 2018 Thana -ARARIA District- ARRARIA ====================================================== Md. Rehan, S/o Late Bijalu, Resident of Village- Bochi, P.S. & DistrictAraria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhijeet Gautam, Advocate For the Opposite Party/s: Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Araria (Bairgachhi) P.S. Case No.314 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code.

It is alleged that petitioner committed rape with the informant while she was sleeping with her child. Learned APP has submitted that the victim has given statement under Section 164 Cr.P.C., wherein, she has levelled allegation against the petitioner.

Counsel for the petitioner submits that victim was medically examined on the same day of occurrence and the doctor has found no injury mark on any part of the body

Patna High Court Cr.Misc. No.61539 of 2018 (3) dt.02-11-2018 2/2 including private parts of the victim. The Doctor has stated that there is no evidence of fresh sexual assault. Petitioner is in custody since 31.05.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S. Case No.314 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T